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· 6/11/1964

United States of America Ex Rel. Augustine Bagley v. Honorable J. E. Lavallee, as Warden of Clinton State Prison, Dannemora, New York

Citations

  • 332 F.2d 890
  • 1964 U.S. App. LEXIS 5085

How courts have described this case

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

  • Federal petition filed prior to effective date of New York law providing new remedy
  • Federal petition filed prior to effective date of New York law providing new remedy
  • even were there some doubt as to availability relief in state court, a federal court should give 13 the state court first chance of review, absent an authoritative showing that no further relief remains 14 available in state court
  • 'if there were some doubt as to the availability of relief in the New York courts, we still would give its courts the first chance to review their alleged errors so long as they have not authoritatively shown that no further relief is available'
  • “if there were some doubt as to the availability of relief in the New York courts, we still would give its courts the first chance to review their alleged errors so long as they have not authoritatively shown that no further relief is available”

Source: CourtListener parenthetical corpus (CC0).

Judges: Friendly, Kaufman, Marshall

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.