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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 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.