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FORMAN v. SMITH

No. 869, Docket 80-2024.

633 F.2d 634 (1980)

Edward C. FORMAN, Petitioner-Appellee, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 8, 1980.

Attorney(s) appearing for the Case

James L. Kennedy, Asst. Atty. Gen., Buffalo, N. Y. (Robert Abrams, Atty. Gen. and Judith Blake Manzella, Asst. Atty. Gen., Buffalo, N. Y., on brief), for respondent-appellant.

John J. Privitera, Washington, D. C. (Tigar & Buffone, Washington, D. C., on brief), for petitioner-appellee.

Before FEINBERG, Chief Judge, NEWMAN and KEARSE, Circuit Judges.

NEWMAN, Circuit Judge:

The exercise of habeas corpus jurisdiction by a federal district court to assess the validity of a criminal conviction obtained in a state court creates an inevitable tension between two important principles: the observance of constitutional protections in the enforcement of criminal law and the maintenance of appropriate authority within the separate spheres of the state and federal court systems. That tension is especially strained when a...

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