UNITED STATES EX REL. ORTIZ v. FRITZ

No. 374, Docket 72-1973.

476 F.2d 37 (1973)

UNITED STATES of America ex rel. Carlos ORTIZ, #59524, Petitioner-Appellant, v. Harold FRITZ, Superintendent of Auburn Correctional Facility, Auburn, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 26, 1973.


Attorney(s) appearing for the Case

Julia Pamela Heit, New York City (William E. Hellerstein and Robert Kasanof, New York City, of counsel), for petitioner-appellant.

Brenda Soloff, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent-appellee.

Before FRIENDLY, Chief Judge, and OAKES and TIMBERS, Circuit Judges.


OAKES, Circuit Judge:

This appeal from the denial of a habeas corpus petition raises a serious question as to the applicability of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968), in the case of "interlocking" confessions of codefendants. Only because we consider ourselves bound by United States ex rel. Catanzaro v. Mancusi, 404 F.2d 296 (2d Cir. 1968), cert. denied, 397...

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