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WDNY — Stay of Proceedings: Cox v. State of New York
By: Daily Record Staff//April 18, 2013//
Listen to this articleU.S. District Court, WDNY
Stay of Proceedings
Exhaustion of Administrative Remedies — Good Cause
Cox v. State of New York
11-cv-6525-cjs
Judge Siragusa
Background: The petitioner requested a writ of habeas corpus but the court rejected it as there were a mix of exhausted issues and unexhausted issues. The petitioner then requested a stay of the proceedings permitting him time to exhaust his claims.
Ruling: The District Court denied his request for a stay. The court found that the petitioner failed to assert good cause for the delay in exhaustion for his ineffective assistance of counsel and repugnant verdict claims. In order to be granted a stay, the petitioner was required to show good cause for the failure to exhaust and did not do so.
Henry Cox, pro se; Priscilla L. Steward of the New York State Office of the Attorney General for the defendants
Case Digests
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
- Fourth Department – Unlawful arrest: People v. Burke
- Fourth Department – Attempted criminal possession of a controlled substance: People v. Brown
- Second Circuit – Immigration: Paucar v. Garland
Law News
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
- Manslaughter conviction reversed after appeals court finds insufficient evidence
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