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Theodore Baker, Raymond Strawder, Yohannes Jackson, Mark A. Simon and Malcolm Nelson, Milton Goodman, Anthony Canady, Tyrone Sanchez and Richard Jackson v. Mario Cuomo, Governor of the State of New York, Thomas A. Coughlin, Commissioner of New York State Department of Correctional Services

Citations: 67 F.3d 39; 1995 U.S. App. LEXIS 28106Docket: 565

Court: Court of Appeals for the Second Circuit; October 10, 1995; Federal Appellate Court

Narrative Opinion Summary

A panel of the United States Court of Appeals for the Second Circuit addressed a petition for rehearing regarding the dismissal of a complaint by state prisoners who claimed their voting rights were violated. The original judgment was issued by the District Court for the Southern District of New York, presided over by Judge Vincent L. Broderick. The panel had previously denied the petition for rehearing but subsequently ordered a rehearing en banc specifically concerning the applicability of the Voting Rights Act. Judges Ralph K. Winter, Pierre N. Leval, Guido Calabresi, and Jose A. Cabranes recused themselves from the case. The rehearing was submitted on May 26, 1995, and decided on October 10, 1995.

Legal Issues Addressed

Judicial Recusal

Application: Several judges recused themselves from the case, indicating the importance of impartiality and absence of conflict of interest in judicial proceedings.

Reasoning: Judges Ralph K. Winter, Pierre N. Leval, Guido Calabresi, and Jose A. Cabranes recused themselves from the case.

Voting Rights Act Applicability

Application: The panel reviewed the dismissal of a complaint by state prisoners regarding the alleged violation of their voting rights, focusing specifically on whether the Voting Rights Act was applicable.

Reasoning: The panel had previously denied the petition for rehearing but subsequently ordered a rehearing en banc specifically concerning the applicability of the Voting Rights Act.