Second Circuit issued a summary order today in Bumpus v. Warden, Clinton Correctional Facility. It was argued back in early March, making it the oldest outstanding habeas case that had been argued but not yet decided (at least among the ones I know about).
But, unfortunately, the petitioner has died. So the appeal has been dismissed moot. It's too bad since this was a really interesting constitutional issue (see below).
In any event, the details:
Bumpus v. Warden, Clinton Corr. Fac., 10-1513-pr
- Appeal Dismissed as Moot (summary order here)
- Argued: 3/9/11; Decided: 7/13/11
- Panel: Walker, Parker, Livingston
- Lower Ct. Info: 97-CV-1791, 2010 WL 1330323 (EDNY April 06, 2010) (ENV)
- In Circuit: District Court COA
- Issues: due process and equal protection violations where Court of Appeals denied leave to petitioner but granted leave to co-defendant and subsequently reversed conviction on a ground that also applied to petitioner's situation