· 11/1/2017
Burgos v. New York Presbyterian Hospital
Citations
- 2017 NY Slip Op 7585
- 155 A.D.3d 598
- 65 N.Y.S.3d 45
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the “holding of a published panel opinion binds all later panels unless overruled or abrogated en banc or by the Supreme Court”
- holding that a federal prisoner cannot bring such a claim “without showing that he had no prior reasonable opportunity to bring his argument for relief”
- acknowledging that alternate, independent holdings may exist but reaffirming that “a conclusion that does nothing to determine the outcome is dictum and has no binding force”
- ruling that a federal prisoner “cannot bring an actual innocence claim in a § 2241 petition through the savings clause without showing that he had no prior -6- reasonable opportunity to bring his argument for relief.”
- explaining that a holding requires the court to have “consciously reached a conclusion about” the issue
- noting that holdings of other circuit courts of appeal do not bind courts in the Sixth Circuit
Source: CourtListener parenthetical corpus (CC0).
Judges: Rivera, Roman, Maltese, Lasalle
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.