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UNITED STATES EX REL. SEIBLE v. LaVALLEE

No. 980, Docket 71-1186.

450 F.2d 842 (1971)

UNITED STATES of America ex rel. Francis SEIBLE, Petitioner-Appellant, v. J. Edwin LaVALLEE, Warden, Clinton State Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 7, 1971.

Attorney(s) appearing for the Case

Ira J. Dembrow, New York City (Allen S. Joslyn and Daniel Sheehan, New York City, on the brief), for petitioner-appellant.

Steven M. Hochberg, Asst. Atty. Gen. of N. Y. (Louis J. Lefkowitz, Atty. Gen. of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., and Iris A. Steel, Asst. Atty. Gen., New York City, on the brief), for respondent-appellee.

Before LUMBARD, KAUFMAN and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

We are called upon to determine the propriety of the denial without a hearing of a state prisoner's petition for a writ of habeas corpus by the United States District Court for the Southern District of New York, Irving Ben Cooper, District Judge. Petitioner claims that his guilty plea entered more than six years ago was coerced because his retained counsel misinformed him about the status of a motion to suppress. For the reasons stated...

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