PHILLIPS v. SMITH

No. 79 Civ. 1782.

485 F.Supp. 1365 (1980)

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

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

March 13, 1980.


Attorney(s) appearing for the Case

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

Robert M. Morgenthau, Dist. Atty. for New York County, by Jerrold Tannenbaum, Robert M. Pitler, Asst. Dist. Attys., New York City, for respondent.


PIERCE, District Judge.

OPINION AND ORDER

This petition for a writ of habeas corpus presents this Court with the serious question of whether a defendant charged with capital crimes in state court can receive a fair trial where one of the members of the jury, during the course of the trial, sought some benefit from the prosecutor's office and where this fact became known to the prosecutor during the trial but was not communicated to defendant's counsel...

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