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· 12/21/2000

Joseph Fama v. Commissioner of Correctional Services

Citations

  • 235 F.3d 804
  • 2000 U.S. App. LEXIS 33464

How courts have described this case

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

  • holding that, where the jurisdictional issue is statutory, avoiding the question is not proscribed by Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998)
  • holding that, where the jurisdictional issue is statutory, avoiding the question is not proscribed by Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998)
  • noting that “[t]o have exhausted claims in state court, petitioner must have ‘fairly presented’ each federal claim to the highest state court.” (emphasis added) (quoting Picard, 505 U.S. at 275)
  • stating that 28 U.S.C. §§ 2254 and 2255 are generally seen as in pari materia” and therefore “the reasoning of [cases] in the context of § 2255 petitions applies equally to § 2254 petitions”
  • stating that 28 U.S.C. §§ 2254 and 2255 are generally seen as in pari materia” and therefore “the reasoning of [cases] in the context of § 2255 petitions applies equally to § 2254 petitions”
  • stating that 28 U.S.C. §§ 2254 and 2255 are “generally seen as in pari materia” and therefore “the reasoning of [cases] in the context of § 2255 petitions applies equally to § 2254 petitions”

Source: CourtListener parenthetical corpus (CC0).

Judges: McLaughlin, Calabresi, Sotomayor

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.