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United States v. Denno

United States Court of Appeals, Second Circuit
Aug 6, 1958
258 F.2d 515 (2d Cir. 1958)

Opinion

Argued August 6, 1958.

Decided August 6, 1958.

Nancy Carley, Borough of Queens, Jackson Heights, N.Y., for petitioner.

Henry P. De Vine, Asst. Dist. Atty. of the County of Nassau, Mineola, N.Y., for respondent.


No federal question was presented by the application below for a writ of habeas corpus. The only question presented was one of state law, pure and simple, which has squarely been decided by the Court of Appeals of New York. There is no basis whatever for an appeal from the order below and I cannot in good conscience grant the certificate.

Without a certificate, the court is without jurisdiction to entertain an appeal or to stay the execution of the State Court order.

Petition denied.


Summaries of

United States v. Denno

United States Court of Appeals, Second Circuit
Aug 6, 1958
258 F.2d 515 (2d Cir. 1958)
Case details for

United States v. Denno

Case Details

Full title:UNITED STATES ex rel. Angelo John LA MARCA, Petitioner, v. Wilfred L…

Court:United States Court of Appeals, Second Circuit

Date published: Aug 6, 1958

Citations

258 F.2d 515 (2d Cir. 1958)

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