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UNITED STATES v. MANCUSI

Nos. 515-516, Dockets 31382-31383.

380 F.2d 1018 (1967)

UNITED STATES of America ex rel. Carl E. DeFLUMER, Jr., Petitioner-Appellant, v. Vincent MANCUSI, as Warden of Attica State Prison, Attica, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 26, 1967.

Attorney(s) appearing for the Case

L. Robert Leisner, Buffalo, N. Y., for petitioner-appellant.

Amy Juviler, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, MOORE, Circuit Judge, and LEVET, District Judge.

PER CURIAM:

This appeal from the dismissal without prejudice by Judge Foley in the Northern District of New York of a petition for a writ of habeas corpus presents the question whether the petitioner should be required to exhaust state remedies as to both of the constitutional claims asserted by his petition. We have concluded that the claims are so related that he should, and we affirm the dismissal without prejudice.

Petitioner, then a boy of fourteen, confessed...

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