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UNITED STATES EX REL. SUGGS v. LaVALLEE

No. 72 Civ. 4336.

422 F.Supp. 1042 (1976)

UNITED STATES of America ex rel. John SUGGS, Petitioner, v. J. Edwin LaVALLEE, Superintendent, Clinton State Correctional Facility, Dannemora, New York, Respondent.

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

November 16, 1976.

Attorney(s) appearing for the Case

Judson A. Parsons, Jr., New York City, for petitioner, by John E. Leo, New York City, of counsel.

Robert M. Morgenthau, Dist. Atty., New York City, for respondent, by Peter L. Zimroth, Henry J. Steinglass, Asst. Dist. Attys., New York City, of counsel.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

This case is once more before this Court, after having been remanded to State court for an evidentiary hearing. The remand was ordered in light of the sudden appearance of two psychiatric reports which were produced by the State respondents only on appeal from my order vacating petitioner's guilty plea on the ground of incompetence and granting a writ of habeas corpus unless petitioner reaffirmed his...

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