SCARNATO
v.
LAVALLEE, WARDEN

U.S. | 1963-10-14
No. 8
Mr. Justice Stewart is of the opinion that the petition for a writ of certiorari should be denied.
375 U.S. 20 Supreme Court of the United States (1963) Positive Treatment
Cited by 2 cases

Per_curiam
Per Curiam.

Per Curiam.

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of Fay v. Noia, 372 U. S. 391.

Mr. Justice Stewart is of the opinion that the petition for a writ of certiorari should be denied.


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  • United States ex rel. Anthony Scarnato v. FAY, 347 F.2d 424 (2d Cir. 1965)
    …m a writ of certiorari and leave to proceed in forma pauperis, vacated the judgment of this court, and remanded the case for further consideration in the light of Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837 (1963). Scarnato v. LaVallee, 375 U.S. 20, 84 S.Ct. 79, 11 L.Ed.2d 41 (1963). This court thereupon vacated its prior order, granted Scarnato leave to appeal in forma pauperis and assigned Anthony F. Marra, Esq., of the New York Legal Aid Society, to prosecute the appeal. [*425] Although t…

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