UNITED STATES EX REL. WHITMORE v. MALCOLM

No. 286, Docket 72-1706.

476 F.2d 363 (1973)

UNITED STATES ex rel. George WHITMORE, Jr., Relator-Appellant, v. Bernard J. MALCOLM, New York City Commissioner of Correction, et al., Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 22, 1973.

Rehearing Granted March 1, 1973.

Order April 23, 1973.


Attorney(s) appearing for the Case

Myron Beldock, New York City (Beldock, Levine & Hoffman, New York City, and Arthur H. Miller, Brooklyn, N. Y., of counsel), for relator-appellant.

Hillel Hoffman, Asst. Atty. Gen. of New York, New York City (Louis J. Lefkowitz, Atty. Gen. of New York, and Samuel Hirshowitz, Asst. Atty. Gen., New York City, of counsel), for respondents-appellees.

Aaron Nussbaum, Asst. Dist. Atty., Brooklyn, N. Y., as amicus curiae for the People of State of New York.

Before MOORE, HAYS and MULLIGAN, Circuit Judges.


Rehearing En Banc Granted March 1, 1973.

MOORE, Circuit Judge:

This is an appeal from an order of the United States District Court for the Eastern District of New York, Hon. Walter Bruchhausen, Judge, entered on May 31, 1972, which denied without a hearing appellant's petition for a writ of habeas corpus.1 We affirm the order of the District Court.

I.

In November...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases