MATHIS v. HOOD

No. 668, Docket 87-2420.

851 F.2d 612 (1988)

Homer Aki MATHIS, Appellant, v. David HOOD, Superintendent, Otisville Correctional Facility, Appellee.

United States Court of Appeals, Second Circuit.

Decided July 14, 1988.


Attorney(s) appearing for the Case

Charles E.F. Millard, Jr., New York City (Davis Polk & Wardwell, New York City, Richard Goldstein, Ogden N. Lewis, of counsel), for appellant.

Lawrence S. Kahn, Deputy Sol. Gen., New York City (Robert Abrams, Atty. Gen., State of N.Y., of counsel), for State of N.Y. as amicus curiae.

Before LUMBARD, CARDAMONE, and PRATT, Circuit Judges.


LUMBARD, Circuit Judge:

On August 27, 1987, Homer Aki Mathis filed a petition for a writ of habeas corpus in the Southern District alleging that the state's five-and-one-half year delay in deciding his appeal constituted a denial of due process. By judgment entered September 25, 1987, Judge Daronco dismissed the petition for failure to exhaust state remedies. The district court granted petitioner's request for a certificate of probable cause.

Mathis contends...

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