UNITED STATES v. CRIMINAL CT. OF CITY OF N. Y.

No. 584, Docket 71-2185.

459 F.2d 745 (1972)

UNITED STATES ex rel. Stephen RADICH, Petitioner-Appellant, v. The CRIMINAL COURT OF the CITY OF NEW YORK et al., Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 26, 1972.


Attorney(s) appearing for the Case

Shirley Fingerhood, New York City (Richard G. Green, Burt Neuborne, Melvin L. Wulf, Lawrence G. Sager, New York City, on the brief), for petitioner-appellant.

Maria L. Marcus, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for respondents-appellees.

Before HAYS, MANSFIELD and MULLIGAN, Circuit Judges.


MANSFIELD, Circuit Judge:

This appeal raises the interesting question, unlikely to recur, of whether an affirmance of a state court conviction by an equally divided vote of the United States Supreme Court bars the person convicted from later obtaining habeas corpus relief on constitutional grounds that were urged by him in his appeal to the Supreme Court. We hold that it does not and remand the petition for consideration on the merits.

On May 5, 1967, Stephen...

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