UNITED STATES v. LaVALLEE

Civ. No. 9195.

213 F.Supp. 439 (1963)

UNITED STATES of America ex rel. Joseph DONAHUE, Relator, v. J. E. LaVALLEE, as Warden of Clinton Prison, Dannemora, New York, Respondent.

United States District Court N. D. New York.

January 21, 1963.


Attorney(s) appearing for the Case

Joseph Donahue, pro se.

Louis J. Lefkowitz, Atty. Gen., Albany, N. Y., Frank S. Hogan, Dist. Atty., New York County, New York City (Raymond B. Madden, Asst. Atty. Gen., of counsel), for respondent.


FOLEY, District Judge.

The petitioner pled guilty to manslaughter first degree in the Court of General Sessions, County of New York on February 18, 1948. On April 15, 1948, acknowledging in open court he was convicted of three previous felonies, he was sentenced to a term not less than twenty years, and the maximum of life.

Previously, he applied to me in 1961 for what he termed, and still does, an extraordinary writ of habeas corpus. I denied such...

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