BARKER v. JONES

No. 80 C 236.

511 F.Supp. 527 (1981)

Henry BARKER, Petitioner, v. Everett JONES, Correctional Superintendent, Great Meadow Correctional Facility, and Robert Abrams, State Attorney General, Respondents.

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

April 2, 1981.


Attorney(s) appearing for the Case

Chester L. Mirsky, Washington Square Legal Services, Inc., New York City, for petitioner.

Eugene Gold, Dist. Atty., Kings County, Brooklyn, N. Y., for respondents by Adrian Mecz, Asst. Dist. Atty., Brooklyn, N. Y.


MEMORANDUM AND ORDER

NEAHER, District Judge.

The threshold question which must be addressed in this habeas proceeding under 28 U.S.C. § 2254 is whether petitioner, now serving a sentence of fifteen years to life on his bargained guilty plea to a State felony murder charge, may prosecute here a constitutional claim of ineffective assistance of counsel after he had forfeited that right in the State courts by becoming a fugitive, resulting in the dismissal...

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