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AYALA v. SPECKARD

No. 1304, Docket 95-2463.

102 F.3d 649 (1996)

Steven AYALA, Petitioner-Appellant, v. Hubert SPECKARD, Superintendent of Groveland Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 11, 1996.

Attorney(s) appearing for the Case

Karl E. Pflanz, Richard M. Greenberg, Office of Appellate Defender, New York City, for Steven Ayala.

Billie J. Manning, Howard B. Sterinbach, Joseph N. Ferdenzi, Jennifer A. Daskevich, Dist. Atty's Office, Bronx, NY, for Hubert Speckard.

Before: CARDAMONE, ALTIMARI and PARKER, Circuit Judges.

PER CURIAM.

I. BACKGROUND

In our initial opinion in this case, 89 F.3d 91 (with which we assume familiarity), we reversed the district court's denial of Ayala's petition for a writ of habeas corpus and remanded for issuance of the writ. We reasoned that under the standards established in Waller v. Georgia, 467 U.S. 39, 104 S.Ct. 2210, 81 L.Ed.2d 31 (1984), Press-Enterprise Co. v...

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