UNITED STATES v. LaVALLEE

Civ. No. 9263.

216 F.Supp. 137 (1963)

UNITED STATES of America ex rel. Carl DeFLUMER, Jr., Petitioner, v. J. Edwin LaVALLEE, Warden of Clinton Prison, Dannemora, New York, Respondent.

United States District Court N. D. New York.

April 9, 1963.


Attorney(s) appearing for the Case

L. Robert Leisner, Buffalo, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen., State of New York, Albany, N. Y., for respondent; Joseph R. Castellani, Asst. Atty. Gen., of counsel.


BRENNAN, Chief Judge.

The above named state court prisoner, through the medium of a petition and notice of motion, seeks the issuance of a writ of habeas corpus to make inquiry into the legality of his present detention. The respondent has submitted an affidavit in opposition to the requested relief and the petitioner has filed his affidavit in reply thereto. Upon the return day of the motion, the petitioner, through counsel, submitted a transcript of the proceedings...

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