TORTORA v. PETROVSKY

Civ. A. No. 81-3089-CV-S-WRC-R.

545 F.Supp. 569 (1982)

John A. TORTORA, Petitioner, v. Joseph S. PETROVSKY, Warden, United States Medical Center for Federal Prisoners, Respondent.

United States District Court, W. D. Missouri, S. D.

March 15, 1982.


Attorney(s) appearing for the Case

Loren R. Honecker, Sherwood, Honecker & Bender, Springfield, Mo., for petitioner.

Robert G. Ulrich, U. S. Atty., W. D. Mo., Kansas City, Mo., and Michael A. Stover, Atty., U. S. Parole Com'n, Dept. of Justice, Bethesda, Md., for respondent.


ORDER GRANTING WRIT OF HABEAS CORPUS

COLLINSON, Senior District Judge.

The undisputed facts of this case raise a novel constitutional question regarding the Fifth Amendment privilege against self-incrimination.

In 1978, petitioner was a prisoner at the Federal Correctional Institute in Fort Worth, Texas, serving an aggregate sentence of eleven years and six months imposed on previous convictions. On December 11, 1978, petitioner received a parole...

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