UNITED STATES EX REL. GOODMAN v. KEHL

No. 704, Docket 72-1266.

456 F.2d 863 (1972)

UNITED STATES ex rel. Edwin A. GOODMAN, Petitioner-Appellee, v. H. William KEHL, Sheriff of New York County, et al., Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 14, 1972.


Attorney(s) appearing for the Case

Michael David Ratner, New York City (Rhonda Copelon Schoenbrod, Peter Weiss, Doris Peterson, New York City and Center for Constitutional Rights, of counsel), and Jeremiah S. Gutman, New York City (New York Civil Liberties Union, of counsel), for petitioner-appellee.

Michael R. Juviler, Asst. Dist. Atty. (Frank S. Hogan, Dist. Atty., New York County, of counsel), for respondents-appellants.

Asa D. Sokolow, New York City, for New York Lawyers' Committee for Civil Rights under Law, as amicus curiae.

Butler, Jablow & Geller, New York City, for Writers Guild of America East, Inc., as amicus curiae.

Before FRIENDLY, Chief Judge, TIMBERS, Circuit Judge, and JAMESON, District Judge.


FRIENDLY, Chief Judge:

This case illustrates the unfortunate clashes that can result from premature federal court interference with the orderly functioning of state judicial processes. It was to minimize these in the field of federal habeas corpus that Congress provided, 28 U.S.C. § 2254(b):

An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that...

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