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MATHIS v. HOOD

No. 745, Docket 90-2360.

937 F.2d 790 (1991)

Homer Aki MATHIS, Petitioner-Appellee, v. David HOOD, Superintendent, Otisville Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 28, 1991.

Attorney(s) appearing for the Case

Charles E.F. Millard, Jr., New York City (Davis Polk & Wardwell, Steven J. Pappas, Frederick R. Kessler, Ogden N. Lewis, of counsel), for petitioner-appellee.

Vida M. Alvy, New York City, Asst. Atty. Gen. (Robert Abrams, Atty. Gen. of the State of New York, Harvey Golubock, Deputy First Asst. Atty. Gen. (of counsel), Peter H. Kaminer, Thomas F. Clauss, Jr., Winthrop, Stimson, Putnam & Roberts, Sp. Counsel), for respondent-appellant.

Before MESKILL, PRATT and WALKER, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Respondent-appellant David Hood appeals from a judgment entered in the United States District Court for the Southern District of New York, Robert P. Patterson, Jr., Judge, granting in part petitioner-appellee Homer Mathis's petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254. The district court found that Mathis's due process rights had been violated by a six-year delay in the hearing of his appeal from...

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