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JOHNSON v. SCULLY

No. 237, Docket 83-2162.

727 F.2d 222 (1984)

Jesse JOHNSON and Cynthia Hall, Petitioners-Appellees, v. Charles J. SCULLY, Warden, Greenhaven Correctional Facility, and Phyllis Kurrly, Correction Superintendent, Bedford Hills Correctional Facility, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 27, 1984.

Attorney(s) appearing for the Case

Shulamit Rosenblum, Asst. Dist. Atty., Brooklyn, N.Y. (Elizabeth Holtzman, Dist. Atty., and Barbara D. Underwood, Asst. Dist. Atty., Brooklyn, N.Y., on brief), for respondents-appellants.

Jeffrey A. Rabin, Brooklyn, N.Y., for petitioners-appellees.

Before KAUFMAN, NEWMAN and DAVIS, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This is, we trust, the final chapter in a saga that well illustrates the difficulties of according due recognition to the prerogatives of state courts when state prisoners seek to vindicate their constitutional rights by seeking a federal writ of habeas corpus. A visitor from another country, even most citizens of this country, would scarcely believe the procedural history of this case. As the patient reader will discover, there is now...

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