E.D. New York· 7/21/1986
Wheeler v. Kelly
Citations
- 639 F. Supp. 1374
- 1986 U.S. Dist. LEXIS 22517
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- suggesting that District Attorney’s Offices be required to move to dismiss any appeal that has been inactive for a year
- noting that petitioner had served only a short portion of a relatively long sentence
- rejecting notion that delay of direct appeal of a conviction exceeding one half of petitioner’s sentence automatically amounts to a denial of due process
- encouraging District Attorney’s Offices to make use of the dismissal calendar
- delay compounded by “inability of the Appellate Division to keep track of its unperfected appeals”
- both cases waiving exhaustion requirement and hearing petitioners' appellate delay claims on the merits, even though both appeals were sub judice
Source: CourtListener parenthetical corpus (CC0).
Judges: Wexler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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