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2d Cir. withdraws its grant of habeas

Convicted cocaine dealer Jose Rodriguez thought he was in the clear after the 2nd Circuit ordered that his habeas petition be granted because the trial judge had restricted his family's access to his trial. But the U.S. Supreme Court vacated the 2nd Circuit's ruling and instructed it to reconsider in light of its decision in Carey v. Musladin . On Wednesday, the circuit said it could no longer rely on dicta in U.S. Supreme Court decisions in reviewing a habeas case -- and denied Rodriguez' petition.

September 03, 2007 at 12:00 AM

1 minute read

By Mark Hamblett / New York Law Journal | Updated on September 03, 2007
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