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· 5/18/1984

John Petrucelli v. Phillip Coombe, Jr., Superintendent, Eastern New York Correctional Facility

Citations

  • 735 F.2d 684
  • 1984 U.S. App. LEXIS 22345

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that petitioner’s appellate argument that the introduction of certain evidence “deprived him of fair trial [sic] and due process of law” was insufficient to “put the state courts on notice” of a federal constitutional claim
  • requiring total exhaustion before consideration of any claim presented in federal habeas petition
  • habeas petitioner did not alert state courts to double jeopardy claim by contending that introduction of certain evidence “deprived him of fair trial [sic] and due process of law” (citations omitted)
  • “[T]o satisfy the exhaustion requirement, a prisoner must have ‘fairly presented’ the same legal claim to the state courts that he presents in his federal habeas petition”
  • “It is not necessary for a habeas petitioner to cite ‘book and verse’ of the Constitution,” in order to put state court on notice that they are to decide federal constitutional claims

Source: CourtListener parenthetical corpus (CC0).

Judges: Feinberg, Mansfield, Meskill

Read full opinion on CourtListener

Sourced 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.