ETHERIDGE v. BANTUM

No. 81 Civ. 5465.

532 F.Supp. 719 (1982)

Gerhardt ETHERIDGE, Petitioner, v. Otis BANTUM, Acting Warden, Rikers Island House of Detention For Men, East Elmhurst, New York, Respondent.

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

February 15, 1982.


Attorney(s) appearing for the Case

Gerhardt Etheridge, pro se.

Eugene Gold, Dist. Atty., Kings County, Brooklyn, N. Y., for respondent; Mary Brienza, Asst. Dist. Atty., Brooklyn, N. Y., of counsel.


MEMORANDUM

EDWARD WEINFELD, District Judge.

Although petitioner is not in custody pursuant to a judgment of conviction of a state court, he seeks a federal writ of habeas corpus pursuant to 28 U.S.C., section 2254. He contends that a prospective trial upon a manslaughter indictment would constitute double jeopardy in violation of the Fifth and Fourteenth Amendments of the Federal Constitution.

Petitioner...

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