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UNITED STATES v. McMANN

No. 65-CV-6.

252 F.Supp. 539 (1966)

UNITED STATES of America ex rel. William DAVIS, Petitioner, v. Hon. Daniel McMANN, Warden of Clinton Prison, Dannemora, New York, Respondent.

United States District Court N. D. New York.

March 18, 1966.

Attorney(s) appearing for the Case

Gretchen White Oberman, New York City, for petitioner.

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

JAMES T. FOLEY, Chief Judge.

This habeas corpus proceeding, in my opinion, involves a claim of substance. It compels an unpleasant task in that the review to a great degree concerns discretionary acts by a State trial judge on the scene in a situation that every trial judge, state or federal, knows is perplexing, troublesome and upsetting even to the most placid. (United States ex rel. DiBlasi v. McMann (NDNY), 236 F.Supp. 592

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