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UNITED STATES EX REL. EDNEY v. SMITH

No. 76-C-1289.

425 F.Supp. 1038 (1976)

UNITED STATES of America ex rel. Herbert EDNEY, Petitioner, v. Harold SMITH, Superintendent, Attica Correctional Facility, Respondent.

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

November 24, 1976.

Attorney(s) appearing for the Case

Denis Dillon, Dist. Atty. of Nassau County, for respondent; William C. Donnino, Robert N. Zausmer, Mineola, N. Y., of counsel.

James J. McDonough, Legal Aid Society, Mineola, N. Y., for petitioner.

MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

Petitioner seeks a writ of habeas corpus. 28 U.S.C. § 2254. He was found guilty in a New York State court of the kidnapping and killing of the eight-year-old daughter of his former girlfriend. People v. Edney, 39 N.Y.2d 620, 385 N.Y.S.2d 23, 350 N.E.2d 400 (1976). His claim now is that the State violated his federal constitutional rights by calling a psychiatrist...

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