FEIN
v.
NEW YORK

U.S. | 1967-01-23
No. 793
Mr. Justice Douglas is of the opinion that probable jurisdiction should be noted.
385 U.S. 649 Supreme Court of the United States (1967) Positive Treatment
Cited by 2 cases

Per_curiam
Per Curiam.

Per Curiam.

The motion to dismiss is granted and the appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari is denied.

Mr. Justice Douglas is of the opinion that probable jurisdiction should be noted.


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Citator

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  • …to appeal from the denial of a new trial was itself denied on February 14, 1973, thereby exhausting his state remedies. See New York C.P.L. § 450.90(1); People v. Fein, 18 N.Y.2d 162, 169, 272 N.Y.S.2d 753, 757, 219 N.E. 2d 274 (1966), cert. denied, 385 U.S. 649, 87 S.Ct. 766, 17 L.Ed.2d 668 (1967). Appellee then renewed his habeas petition before the United States District Court for the Eastern District of New York. There, without holding an evidentiary hearing, Judge Zavatt granted the petition, 358 F.S…

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