HAYES v. COOMBE

Docket No. 96-3722.

142 F.3d 517 (1998)

Bruce HAYES, Petitioner-Appellant, v. Philip COOMBE, Jr., Acting Commissioner of the Department of Correctional Services, Daniel A. Senkowski, Warden, Clinton Correctional Facility, Respondents-Appellees.

United States Court of Appeals, Second Circuit

Decided April 9, 1998.


Attorney(s) appearing for the Case

Laurie S. Hershey, Garden City, NY, for Petitioner-Appellant.

Mary C. Farrington, for Robert M. Morgenthau, District Attorney, New York County (Eleanor J. Ostrow, of counsel), New York City, for Respondents-Appellees.

Before: FEINBERG, CALABRESI, and BRIGHT, Circuit Judges.


PER CURIAM.

Petitioner appeals the district court's decision to dismiss his petition for a writ of habeas corpus.

The district court held that one of petitioner's claims was procedurally forfeited (because petitioner failed to make a contemporaneous objection at trial) and that the procedural default was adopted by the state appellate court as an independent and adequate ground for affirming the conviction.

Whether the claim was procedurally...

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