UNITED STATES v. FAY

No. 391, Docket 24537.

248 F.2d 520 (1957)

UNITED STATES of America ex rel. John KOZICKY and John Joseph Klozko, Relators-Appellants, v. Edward M. FAY, Warden of Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided September 20, 1957.


Attorney(s) appearing for the Case

John V. Lindsay, for relators-appellants by appointment.

Louis J. Lefkowitz, Atty. Gen. of State of New York (John R. Davison, Sol. Gen., Albany, N. Y., Michael Freyberg, Asst. Atty. Gen., Lawrence H. Rogovin, Deputy Asst. Atty. Gen., of counsel), for respondent-appellee.

Before MEDINA, LUMBARD and WATERMAN, Circuit Judges.


WATERMAN, Circuit Judge.

This is an appeal from an order of the District Court denying a petition for a writ of habeas corpus sought by the petitioners on the ground that the judgments of conviction under which they were imprisoned had been obtained by the use of coerced confessions and other unconstitutional methods. The district court denied the petition because of the failure of the petitioners to exhaust their state remedies as required by 28 U.S.C.A. § 2254...

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