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UNITED STATES EX REL. ECCLESTON v. HENDERSON

No. CV 81-2295.

534 F.Supp. 813 (1982)

UNITED STATES of America, ex rel. Charles ECCLESTON, Petitioner, v. Robert J. HENDERSON, Superintendent of Auburn Correctional Facility, Robert Abrams, New York State Attorney General, Eugene Gold, District Attorney, Kings County, Respondents.

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

September 29, 1982.

Attorney(s) appearing for the Case

Charles Eccleston, pro se.

Eugene Gold, Dist. Atty. of Kings County, Brooklyn, N. Y., for respondents; Jane S. Meyers, Asst. Dist. Atty., Brooklyn, N. Y., of counsel.

MEMORANDUM and ORDER

WEINSTEIN, Chief Judge:

Petitioner seeks a writ of habeas corpus on the grounds that his incarceration in Auburn Correctional Facility is illegal. He contends that his detention by the state of New York is unlawful for six reasons:

(1) he has been denied his federal constitutional right to a speedy trial in state court;

(2) the trial court's charge on intent shifted the burden of proof to the petitioner, thereby depriving...

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