DAMON, REFORMATORY SUPERINTENDENT

v.

LEESON; AND LEESON V. DAMON, REFORMATORY SUPERINTENDENT

Citator

Cited By (14 total)

• Rachel v. Bordenkircher, 590 F.2d 200 (6th Cir. 1978)
  …th v. Digmon, 434 U.S. 332, 98 S.Ct. 597, 54 L.Ed.2d 582 (1978). All that is required is that the state courts have a fair opportunity to consider the constitutional claim. See United States v. Damon, 496 F. 2d 718, 721 (2d Cir. 1974), cert. denied, 419 U.S. 954, 95 S.Ct. 215, 42 L.Ed.2d 172 (1974). In his brief to the Court of Appeals of Kentucky, petitioner acknowledged that his trial counsel had failed to make a timely objection in compliance with Kentucky’s contemporaneous objection rule to the prosecu…
• Johnson v. Metz, 609 F.2d 1052 (2d Cir. 1979)
  …her state habeas corpus survives as a post-conviction remedy. Despite this uncertainty, we have taken the position, though not without a difference of opinion, see United States ex rel. Leeson v. Damon, 496 F. 2d 718, 720-21 (2d Cir.), cert. denied, 419 U.S. 954, 95 S.Ct. 215, 42 L.Ed.2d 172 (1974), that whether New York entertains collateral relief at this point is a matter of New York law to be decided by the New York courts. Wilson v. Fogg, supra, 571 F. 2d at 95, citing Cameron v. Fastoff, supra, 543 F.…
• Wilson v. Fogg, 571 F.2d 91 (2d Cir. 1978)
  …ursuant to N.Y. Crim.Proc.L. § 440.10, to reach claims closely related to issues presented on direct appeal. Allen v. Ulster County, supra, slip op. at 1003 n. 11; United States ex rel. Leeson v. Damon, 496 F. 2d 718, 720-21 (2d Cir.), cert. denied, 419 U.S. 954, 95 S.Ct. 215, 42 L.Ed.2d 172 (1974). But in Allen and Damon this discussion was mere dictum; both cases held that the state courts had had a fair opportunity to consider the petitioners’ constitutional claims and, hence, state remedies had been exh…