UNITED STATES EX REL. FLYNN v. BUTLER

No. 75 CIV. 1397 (MP).

397 F.Supp. 999 (1975)

UNITED STATES of America ex rel. J. Patrick FLYNN, Relator, v. Harold N. BUTLER, Superintendent Wallkill Correctional Facility, Respondent.

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

July 10, 1975.


Attorney(s) appearing for the Case

James J. McDonough, Legal Aid Society of Nassau County, for relator, by Theodore Ruthizer, Mineola, N.Y.

Louis J. Lefkowitz, Atty. Gen., New York City, by Ralph L. McMurray, Asst. Atty. Gen.


POLLACK, District Judge.

This is a petition for a writ of habeas corpus by a state prisoner challenging the validity of his custody pursuant to a December 1973 conviction and sentence of first degree manslaughter in the death of his wife.

Petitioner, who testified in his own defense at trial, contends that the prosecutor's summation to the jury improperly commented on the petitioner's constitutional right to remain silent at the time surrounding his arrest...

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