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ROSENFELD v. DUNHAM

No. 986, Docket 86-2209.

820 F.2d 52 (1987)

Saul K. ROSENFELD, Plaintiff-Appellant, v. Kenneth W. DUNHAM, Superintendent, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 1, 1987.

Attorney(s) appearing for the Case

David S. Michaels, Spencertown, N.Y., for plaintiff-appellant Saul Rosenfeld.

William V. Grady, Dutchess Co. Dist. Atty., Poughkeepsie, N.Y. (Bridget R. Steller, Asst. Dist. Atty., Poughkeepsie, N.Y., of counsel), submitted brief for defendant-appellee Kenneth Dunham.

Before LUMBARD, OAKES and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

When a state petitioner seeks a federal writ of habeas corpus claiming his detention violates his constitutional rights, he is entitled to have a federal court determine the merits of that federal claim independently of the determination made in state court. When, on the other hand, the federal claims were not resolved on the merits in the state courts because of the petitioner's failure to comply with state procedure, then the petitioner...

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