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UNITED STATES EX REL. HORTON v. MANCUSI

No. Civ. 1971-171.

365 F.Supp. 596 (1973)

UNITED STATES of America ex rel. Norman HORTON, Petitioner, v. Vincent R. MANCUSI, as Superintendent of Attica Correctional Facility, Respondent.

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

October 10, 1973.

Attorney(s) appearing for the Case

Henrietta M. Wolfgang, The Legal Aid Bureau of Buffalo, Inc., Buffalo, N. Y. (Daniel J. Weinstein, Buffalo, N. Y., of counsel), for petitioner.

Louis J. Lefkowitz, Atty. Gen., of the State of New York (Bedros Odian, Buffalo, N. Y., of counsel), for respondent.

CURTIN, District Judge.

This petition for a writ of habeas corpus presents a question relating to the duty of the government to disclose evidence to the defendant in a criminal trial.

In 1954 in Chemung County Court, petitioner Norman Horton was convicted of murder in the first degree and sentenced to death, a sentence later commuted to life imprisonment. In 1967, after the decisions in Jackson v. Denno, 378 U.S. 368, 84 S.Ct...

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