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GONZALEZ v. SULLIVAN

No. 926, Docket 90-2455.

934 F.2d 419 (1991)

Ernesto GONZALEZ, Petitioner-Appellant, v. James E. SULLIVAN, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 28, 1991.

Attorney(s) appearing for the Case

Julius M. Wasserstein, New York City, for petitioner-appellant.

Moira E. Casey, Asst. Dist. Atty., Kings County, Brooklyn, N.Y. (Charles J. Hynes, Dist. Atty., Jay M. Cohen, Asst. Dist. Atty., Kings County, Brooklyn, N.Y., of counsel), for respondent-appellee.

Before OAKES, Chief Judge, CARDAMONE and WALKER, Circuit Judges.

CARDAMONE, Circuit Judge:

We have before us an appeal from a judgment of the United States District Court for the Eastern District of New York (Weinstein, J.) denying the petition of Ernesto Gonzalez for a writ of habeas corpus made pursuant to 28 U.S.C. § 2254. The adage "forewarned is forearmed" means essentially that in order to respond one must be alerted. Decisive to our holding is that a state court must be given fair warning of the federal nature of a...

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