UNITED STATES v. FOLLETTE

No. 67 Civ. 3404.

281 F.Supp. 632 (1968)

UNITED STATES of America ex rel. Lenox J. EDWARDS, Petitioner, v. Hon. Harold W. FOLLETTE, as Warden of Green Haven State Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

February 26, 1968.


Attorney(s) appearing for the Case

Anthony Marra, and Phylis Skloot Bamberger, Legal Aid Society of New York, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of New York, by Michael H. Rauch, Asst. Atty. Gen., for respondent.


OPINION

TYLER, District Judge.

Lenox Edwards is presently incarcerated in a New York State prison, having been convicted of first degree murder in March, 1948 and sentenced to life imprisonment the following month. He contends that his detention violates his rights under the equal protection clause of the Fourteenth Amendment, in that he was deprived of his right to appeal from his conviction because of his indigency...

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