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UNITED STATES v. NENNA

Nos. 68 Civ. 340, 68 Civ. 353.

282 F.Supp. 754 (1968)

UNITED STATES ex rel. Roy BLAND, Petitioner, v. Hon. Albert NENNA, as Warden, Respondent. UNITED STATES ex rel. William MURRAY, Petitioner, v. Hon. Albert NENNA, as Warden, Respondent.

United States District Court S. D. New York.

March 29, 1968.

Attorney(s) appearing for the Case

Anthony F. Marra, New York City, Leon B. Polsky, of counsel, for petitioner Bland.

Philip Gelfand, New York City, for petitioner Murray.

Frank S. Hogan, Dist. Atty. of New York County, Robert D. MacLachlan, New York City, of counsel, for respondent.

MEMORANDUM

FRANKEL, District Judge.

The two petitioners for habeas corpus are codefendants in a pending state indictment. They both assert the same claim, arising from the same circumstances: that the trial the State is about to commence would subject them to double jeopardy, violating the due process guaranteed them by the Fourteenth Amendment. Thus, the applications are appropriate for decision in a single...

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