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UNITED STATES EX REL. JAMES v. FOLLETTE

No. 68 Civ. 5011.

301 F.Supp. 569 (1969)

UNITED STATES ex rel. Jack JAMES, Petitioner, v. Harold W. FOLLETTE, Warden, Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

June 26, 1969.

Attorney(s) appearing for the Case

Peter L. Maroulis, Poughkeepsie, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen. State of New York, New York City, for respondent; Michael Jaffe, Asst. Atty. Gen., of counsel.

EDWARD WEINFELD, District Judge.

Petitioner, currently serving a twenty to twenty-five year sentence at the Green Haven state prison following his conviction after trial by jury for kidnapping, seeks his release upon a federal writ of habeas corpus.1 He charges that his conviction was unconstitutionally tainted by the admission into evidence of his station house identification by Carl Moody...

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