SANTANA

v.

NEW YORK

Citator

Cited By (21 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…
• Goodloe v. Parratt, 605 F.2d 1041 (8th Cir. 1979)
  …of state law, but violations of due process arising from lack of fair and reasonable notice are cognizable in habeas corpus. See, e. g., Ridgeway v. Hutto, 474 F. 2d 22 (8th Cir. 1973); Blake v. Morford, 563 F. 2d 248 (6th Cir. 1977), cert. denied, 434 U.S. 1038, 98 S.Ct. 775, 54 L.Ed.2d 787 (1978). . The trial judge realized this deficiency when preparing the instructions, and advised the prosecutor that in the future the State should set out the particular violations underlying the main offense. . In fa…