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AYALA v. SPECKARD

Nos. 1304, 1363 and 1669, Dockets 95-2463, 95-2626 and 95-2801.

131 F.3d 62 (1997)

Steven AYALA, Petitioner-Appellant, v. Hubert SPECKARD, Superintendent of Groveland Correctional Facility, Respondent-Appellee. Charles OKONKWO, Petitioner-Appellee, v. Peter J. LACY, Superintendent of Bare Hill Correctional Facility, Respondent-Appellant, Howard PEARSON, Petitioner-Appellant, v. Charles JAMES, Superintendent of Collins Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 3, 1997.

Attorney(s) appearing for the Case

Richard M. Greenberg, Appellate Defender's Office, New York City, for appellants Ayala and Pearson, and appellee Okonkwo.

Mark Dwyer, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty., Mark Frazier Scholl, Eleanor J. Ostrow, Asst. Dist. Attys., New York City, on the brief), for appellee James and appellant Lacy.

Joseph N. Ferdenzi, Chief, Appeals Bureau, Dist. Atty.'s Office, Bronx, NY (Robert T. Johnson, Dist. Atty., Howard B. Sterinbach, Asst. Dist. Atty., Bronx, NY, on the brief), for appellee Speckard.

Before: WINTER, Chief Judge, NEWMAN, KEARSE, CARDAMONE, MINER, ALTIMARI, WALKER, McLAUGHLIN, JACOBS, LEVAL, CALABRESI, CABRANES, and PARKER, Circuit Judges.

Petition for Rehearing In Banc Argued June 4, 1997.

Opinion for the Court by Judge JON O. NEWMAN, in which Chief Judge WINTER and Judges KEARSE, MINER, McLAUGHLIN, LEVAL, CALABRESI, and JOSÉ A. CABRANES join; opinion by Judge WALKER, in which Judge JACOBS joins, concurring in the judgment, but declining to reach the merits because of Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, ...

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