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UNITED STATES EX REL. CLAYTON v. MANCUSI

No. 69-C-1275.

326 F.Supp. 1366 (1971)

UNITED STATES of America ex rel. Robert CLAYTON, Petitioner, v. Vincent MANCUSI, Warden of Attica Prison, Attica, N. Y., Respondent.

United States District Court, E. D. New York.

May 13, 1971.

Attorney(s) appearing for the Case

Maurice Brill, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, for respondent; Mortimer Sattler, Asst. Atty. Gen., New York City, of counsel.

BARTELS, District Judge.

Petitioner, Robert Clayton, presently incarcerated in Attica Correctional Facility, Attica, N. Y., upon conviction, after a jury trial, of second degree murder, seeks his release through federal habeas corpus. He was sentenced to a term of thirty years to life imprisonment on February 25, 1953, and no appeal was taken from the judgment of conviction. His principal claim for release is the...

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