Does the fact that a state appellate court has been granted a hearing on an application for habeas corpus relief at the Superior Court of Appeal invalidate the application?
MultiRegion, United States of America
The following excerpt is from Roberson v. State of Conn., 501 F.2d 305 (2nd Cir. 1974):
2 Nor does the fact that state appellate delay may excuse exhaustion of remedies upon an application for habeas corpus relief, United States ex rel. Graham v. Mancusi, 457 F.2d 463 (2nd Cir. 1972), bear any relevance to the possible unconstitutionality of the delay itself.
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