NATHANIEL

v.

ESTELLE, CORRECTIONS DIRECTOR

Citator

Cited By (27 total)

• Guice v. Fortenberry, 661 F.2d 496 (5th Cir. 1981)
  …ry. Cf. Gates v. Henderson, 568 F. 2d 830, 837-40 (2d Cir. 1977) (en banc) (court held that Stone v. Powell displaced the Townsend inquiry, if the state provides an opportunity to the petitioner to litigate his fourth amendment claim), cert. denied, 434 U.S. 1038, 98 S.Ct. 775, 54 L.Ed.2d 787 (1978). Indeed, the policies relied upon in those cases, federalism, comity and concerns for the orderly administration of criminal justice, do not apply when the prisoner has challenged the violations throughout the st…
• Forman v. Smith, 633 F.2d 634 (2d Cir. 1980)
  …ith the District Court’s rejection of these claims, for the reasons stated in its opinion. . We have, however, noted the general limiting impact of Sykes upon Noia. Gates v. Henderson, 568 F. 2d 830, 838 n. 6 (2d Cir. 1977) (en banc), cert. denied, 434 U.S. 1038, 98 S.Ct. 775, 54 L.Ed .2d 787 (1978); id. at 842-43 (Oakes, J., concurring). . We need not decide whether the cause and prejudice standard would also apply to a state prisoner’s failure to take any appeal from his conviction. Such a conclusion wou…
• Johnson v. Metz, 609 F.2d 1052 (2d Cir. 1979)
  …view of the problem, though not directly in point because it involved failure to object to the introduction of evidence on proper grounds, was stated by this court en banc in Gates v. Henderson, 568 F. 2d 830 (2d Cir. 1977) (en banc), cert. denied, 434 U.S. 1038, 98 S.Ct. 775, 54 L.Ed.2d 787 (1978). We held that though petitioner had claimed in the state court that his palm prints had been taken unconstitutionally under the Fifth and Sixth Amendments, his failure to make a claim in the state court on the ba…