UNITED STATES v. DENNO

No. 100, Docket 27709.

313 F.2d 457 (1963)

UNITED STATES of America ex rel. David L. COLEMAN, Relator-Appellant, v. Wilfred L. DENNO, as Warden of Sing Sing Prison, Ossining, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided January 24, 1963.


Attorney(s) appearing for the Case

Norman Redlich, New York City, Daniel A. Gutterman, New York City, for appellant.

Edward S. Silver, Dist. Atty., Kings County, Louis J. Lefkowitz, Atty. Gen., of New York (William I. Siegel, Asst. Dist. Atty., Samuel A. Hirshowitz, First Asst. Atty. Gen., Gretchen White Oberman, Asst. Atty. Gen., of counsel), for appellee.

Before CLARK, MOORE and SMITH, Circuit Judges.


MOORE, Circuit Judge.

This appeal comes to us from a denial of a writ of habeas corpus. Appellant is under sentence of death following a conviction for murder in the first degree in the County Court of Kings County, New York, on October 21, 1960. The question which appellant (petitioner) through his counsel asks this court to pass upon is: "Whether the failure of New York State to assign counsel to petitioner during the post-appellate stage of this capital case deprives...

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