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PHILLIPS v. SMITH

No. 1303, Docket 80-2099.

632 F.2d 1019 (1980)

William R. PHILLIPS, Petitioner-Appellee, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 26, 1980.

Attorney(s) appearing for the Case

Robert M. Morgenthau, Dist. Atty., New York County, New York City (Robert M. Pitler, Jerrold Tannenbaum, Asst. Dist. Attys., New York City, of counsel), for respondent-appellant.

William M. Kunstler, New York City, for petitioner-appellee.

Before OAKES, VAN GRAAFEILAND, Circuit Judges, and NICKERSON, District Judge.

NICKERSON, District Judge:

This is an appeal from a judgment entered on the order of the District Court, Lawrence W. Pierce, Judge, granting petitioner William R. Phillips a writ of habeas corpus unless he is retried.

Phillips, a former New York City police officer, was indicted by a New York County grand jury on March 29, 1972 for the 1968 murders of a pimp and a prostitute and for the attempted murder of a customer of the bordello where the crimes occurred...

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