UNITED STATES EX REL. GALLOWAY v. FOGG

No. 75 Civ. 2949 (MP).

403 F.Supp. 248 (1975)

UNITED STATES of America ex rel. Rawlin GALLOWAY, Petitioner, v. Hon. Walter J. FOGG, Acting-Superintendent, Green Haven Correctional Facility, Stormville, New York, Respondent.

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

November 5, 1975.


Attorney(s) appearing for the Case

Rawlin Galloway, pro se.

Robert M. Morgenthau, Dist. Atty., New York County, New York City by Robert M. Pitler, and Richard H. Girgenti, New York City.


OPINION

POLLACK, District Judge.

Petitioner, pro se seeks by writ of habeas corpus his release from state custody or, in the alternative, a new trial on the charge of first degree murder on which he was convicted by a jury in state court nearly ten years ago, on December 20, 1965. Petitioner requests an evidentiary hearing on the questions raised in his petition.

The grounds on which relief is sought are petitioner's contentions that his Fifth...

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