Alastair Kyle v. United States, 288 F.2d 440 (2d Cir. 1961). · Go Syfert
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Alastair Kyle v. United States, 288 F.2d 440 (2d Cir. 1961). Cases Citing This Book View Copy Cite
14 citation events (2 in the last 25 years) across 7 distinct courts.
Strongest positive: Woodrow Fleming v. United States (ca2, 1998-06-01)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Woodrow Fleming v. United States
2d Cir. · 1998 · confidence medium
Accordingly, we have found continuing legal consequences that would support granting the writ where a prior conviction deprives a petitioner of his right to vote under state law, Kyle v. United States, 288 F.2d 440, 441 (2d Cir.1961) (per curiam), or serves as an “aggravating factor” in sentencing for a subsequent offense, Nicks, 955 F.2d at 167 .
cited Cited as authority (rule) United States v. Cariola
D.N.J. · 1962 · confidence medium
Kyle v. United States, 288 F.2d 440, 441 (2nd Cir. 1961). 7 .
discussed Cited "see" Dean v. United States
E.D.N.Y · 2006 · signal: see · confidence high
See Kyle v. United States, 288 F.2d 440, 441 (2d Cir.1961) (applying coram nobis where petitioner faced disenfranchisement); United States v. Travers, 514 F.2d 1171 (2d Cir.1974) (applying co-ram nobis to federal felony convictions due to civil consequences).
discussed Cited "see" United States v. Rice
S.D. Iowa · 2005 · signal: see · confidence high
"Coram nobis is available to challenge a conviction in order to remove these consequences.” White, Federal Practice, § 592; see Kyle v. United States, 288 F.2d 440 (2d Cir.1961) (granting writ hearing in interests because right to vote is a substantial civil right); Korematsu v. United States, 584 F.Supp. 1406 (1984) (holding that American citizen of Japanese ancestry was entitled to coram nobis writ to vacate his conviction for being in a place from which persons of Japanese ancestry were forbidden in order to remedy collateral consequences defendant believed he suffered as a result of his…
cited Cited "see" United States v. Norman Brown and Zelman Fairorth
2d Cir. · 1964 · signal: see · confidence high
See Kyle v. United States, 288 F.2d 440 (2 Cir. 1961) ; Catalano v. United States, 298 F.2d 616 (2 Cir. 1962); United States v. Cannon, 310 F.2d 841 (2 Cir. 1962).
Retrieving the full opinion text from the archive…
Alastair KYLE, Appellant,
v.
UNITED STATES of America, Appellee
26359_1.
Court of Appeals for the Second Circuit.
Mar 21, 1961.
288 F.2d 440
1961 U.S. App. LEXIS 5050
Alastair Kyle, pro se., Cornelius W. Wickersham, Jr., TJ. S. Atty., E. D. of New York, Brooklyn, N. Y., for appellee.
Lumbard, Clark, Smith.
Cited by 14 opinions  |  Published
PER CURIAM.

The motion to dispense with the printing of the appellant’s brief and appendix is granted. The appellee’s cross-motion to dismiss the appeal as moot is denied.

The appellant alleges that the felony conviction which he is attacking deprives him of voting rights. under the law of New York even after his unconditional release from custody. New York Penal Law § 510-a-. This is a substantial civil right, and its possible deprivation warrants our treating this petition, brought under 28 U.S.C. § 2255 before the district court while the appellant was still in custody, as an application for a writ of error coram nobis, United States v. Morgan, 1954, 346 U.S. 502, 74 S.Ct. 247, 98 L.Ed. 248; Pollard v. United States, 1957, 352 U.S. 354, 358, 77 S.Ct. 481, 1 L.Ed.2d 393; Moon v. United States, 1959, 106 U.S.App.D.C. 301, 272 F.2d 530; Pledger v. United States, 4 Cir., 1959, 272 F.2d 69. We need not consider the decision in United States v. Roth, 2 Cir., 1960, 283 F.2d 765, since the judges who .participated in that opinion vacated it on January 26, 1961. See United States v. Roth, 2 Cir., 286 F.2d 635.