Jose Morales v. Leonardo Portuondo, Superintendent of the Shawangunk Correctional Facility

Second Circuit

Jose Morales v. Leonardo Portuondo, Superintendent of the Shawangunk Correctional Facility

243 F.3d 703, 2001 U.S. App. LEXIS 5276, 2001 WL 300806

CourtCourt of Appeals for the Second Circuit

DecidedMarch 27, 2001

Docket99-2523

StatusPublished

Cited by1 cases

This text of 243 F.3d 703 (Jose Morales v. Leonardo Portuondo, Superintendent of the Shawangunk Correctional Facility) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jose Morales v. Leonardo Portuondo, Superintendent of the Shawangunk Correctional Facility, 243 F.3d 703, 2001 U.S. App. LEXIS 5276, 2001 WL 300806 (2d Cir. 2001).

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Opinion

Jose Morales appeals from a judgment entered by the United States District Court for the Southern District of New York (Chin, /.), denying his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. Upon due consideration, it is ordered that the matter is remanded to the district court for supplementation of the record pursuant to the procedures described in United States v. Jacobson, 15 F.3d 19, 21-22 (2d Cir.1994). Within 120 days of this order, the district court must make any findings of fact and conclusions of law necessary to enter judgment on the following claim: did the state trial court violate Morales’ due process rights under Estelle v. McGuire, 502 U.S. 62, 112 S.Ct. 475, 116 L.Ed.2d 385 (1991) and Chambers v. Mississippi, 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973) by ruling that the post-trial statements of witness Jesus Fornes were inadmissible hearsay and insufficient to justify a new trial?

The mandate shall issue forthwith and shall state that the parties are to inform the Clerk of this Court when the district court has issued its supplementation of the record in accordance with this order. Following such notification, jurisdiction of the appeal will be automatically restored to this Court, and the Clerk will reassign the appeal to this panel, without the need for either party to file a new notice of appeal. After jurisdiction is restored, the Clerk shall set an expedited briefing schedule, and the parties may, if they wish, submit supplemental letter briefs not to exceed ten single-spaced pages confined to the issues addressed by the district court on remand.

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Jose Morales appeals from a judgment entered by the United States District Court for the Southern District of New York (Chin, /.), denying his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. Upon due consideration, it is ordered that the matter is remanded to the district court for supplementation of the record pursuant to the procedures described in United States v. Jacobson, 15 F.3d 19, 21-22 (2d Cir.1994). Within 120 days of this order, the district court must make any findings of fact and conclusions of law necessary to enter judgment on the following claim: did the state trial court violate Morales’ due process rights under Estelle v. McGuire, 502 U.S. 62, 112 S.Ct. 475, 116 L.Ed.2d 385 (1991) and Chambers v. Mississippi, 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973) by ruling that the post-trial statements of witness Jesus Fornes were inadmissible hearsay and insufficient to justify a new trial?

The mandate shall issue forthwith and shall state that the parties are to inform the Clerk of this Court when the district court has issued its supplementation of the record in accordance with this order. Following such notification, jurisdiction of the appeal will be automatically restored to this Court, and the Clerk will reassign the appeal to this panel, without the need for either party to file a new notice of appeal. After jurisdiction is restored, the Clerk shall set an expedited briefing schedule, and the parties may, if they wish, submit supplemental letter briefs not to exceed ten single-spaced pages confined to the issues addressed by the district court on remand.

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243 F.3d 703, 2001 U.S. App. LEXIS 5276, 2001 WL 300806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jose-morales-v-leonardo-portuondo-superintendent-of-the-shawangunk-ca2-2001.

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