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UNITED STATES v. MURPHY

Civ. No. 9368.

227 F.Supp. 742 (1964)

UNITED STATES ex rel. Roscoe THOMAS, Relator, v. Hon. Robert E. MURPHY, Warden of Auburn State Prison, Auburn, New York, Respondent.

United States District Court N. D. New York.

February 5, 1964.

Attorney(s) appearing for the Case

Joshua N. Koplovitz, Troy, N. Y., for relator.

Louis J. Lefkowitz, Atty. Gen., State of New York, Albany, N. Y., Joseph J. Rose, Asst. Atty. Gen., of counsel, Frank D. O'Connor, Dist. Atty., Queens County, Long Island City, N. Y., Benjamin Jacobson, Asst. Dist. Atty., of counsel, for respondent.

JAMES T. FOLEY, Chief Judge.

The time to stop marking time in this District Court on the retroactivity of the noted ruling in Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, and whether its scope is to encompass plea as well as actual trial without counsel, may be near at hand. The sidestepping and buckpassing on this important question and others similar to it seem in my judgment unbecoming to our historic notion that...

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