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.
August 31, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A U.S. Supreme Court decision narrowing habeas review of state court procedures may force a convicted cocaine dealer back to prison.
Jose Rodriguez thought he was in the clear in 2006 after the 2nd U.S. Circuit Court of Appeals ordered that his petition for habeas corpus be granted because the trial judge had restricted his family’s access to his trial.
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