GAROFOLO v. COOMB

No. 57, Docket 86-2197.

804 F.2d 201 (1986)

Steven GAROFOLO, Petitioner-Appellant, v. Philip COOMB, Superintendent, Eastern New York Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 28, 1986.


Attorney(s) appearing for the Case

Jeffrey A. Rabin, Brooklyn, N.Y., for petitioner-appellant.

Steven A. Hovani, Asst. Dist. Atty., Riverhead, N.Y. (Patrick Henry, Dist. Atty. of Suffolk County, Riverhead, N.Y., of counsel), for respondent-appellee.

Before LUMBARD, OAKES and MINER, Circuit Judges.


OAKES, Circuit Judge:

A state defendant seeking a grant of federal habeas corpus has at least four hurdles to get over to assert a viable claim. The first is that he must exhaust his available state remedies, Picard v. Connor, 404 U.S. 270, 275-76, 92 S.Ct. 509, 512, 30 L.Ed.2d 438 (1971), with the concomitant rule that he must exhaust his remedies as to all claims presented to the federal court, Rose v. Lundy,...

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