HOLSEY

v.

INMATE GRIEVANCE COMMISSION

Citator

Cited By

• United States v. Dewitt, 946 F.2d 1497 (10th Cir. 1991)
  …ates, 612 F. 2d 624, 630 (2d Cir.1979) (“[Fjailure to assert before trial a particular ground for a motion to suppress certain evidence operates as a waiver of the right to challenge the admissibility of the evidence on that ground.”), cert. denied, 445 U.S. 933, 100 S.Ct. 1326, 63 L.Ed.2d 768 (1980). Although defendant moved prior to trial to suppress the evidence, he never presented the unlawful detention issue to the court. Upon a review of the written motions and the suppression hearing transcript, we…
• Tsirizotakis v. LeFEVRE, 736 F.2d 57 (2d Cir. 1984)
  …as to amount to a Sixth Amendment violation, a mere allegation of error by counsel is insufficient to establish ‘cause’ to excuse a procedural default.” Indiviglio v. United States, 612 F. 2d 624, 631 (2d Cir.1979) (footnote omitted), cert. denied, 445 U.S. 933, 100 S.Ct. 1326, 63 L.Ed.2d 768 (1980). We conclude that under recent Supreme Court authorities petitioner has not shown an ineffectiveness of constitutional dimension, and hence that he has not shown cause for the defaults. 1. Adequacy of Trial C…
• Brown v. Warden, Great Meadow Correctional Facility, 682 F.2d 348 (2d Cir. 1982)
  …ncy) must be affirmed unless found to be clearly erroneous. United States v. United States Gypsum Co., 333 U.S. 364, 394-95, 68 S.Ct. 525, 541—42, 92 L.Ed. 746 (1948); see Indiviglio v. United States, 612 F. 2d 624, 630 (2d Cir. 1979), cert. denied, 445 U.S. 933, 100 S.Ct. 1326, 63 L.Ed.2d 768 (1980). Appellant also claims that the proceeding in which he offered his plea of guilty to second degree murder was conducted in a manner which violated his constitutional rights. He claims that before accepting his…