NELSON v. SCULLY

No. 254, Docket 81-2208.

672 F.2d 266 (1982)

William J. NELSON, Petitioner-Appellee, v. Charles SCULLY, Warden, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 28, 1982.

Certiorari Denied June 1, 1982.


Attorney(s) appearing for the Case

Mark Dwyer, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty., New York County, Robert A. Nicholas, Asst. Dist. Atty., New York City, of counsel), for respondent-appellant.

David S. Versfelt, New York City, for petitioner-appellee.

Before FRIENDLY, KAUFMAN and OAKES, Circuit Judges.


Certiorari Denied June 1, 1982. See 102 S.Ct. 2301.

FRIENDLY, Circuit Judge:

The State of New York appeals from a judgment of the United States District Court for the Southern District of New York, Thomas A. Griesa, Judge, granting a petition for a writ of habeas corpus by William John Nelson. Nelson was convicted of murder in the second degree, N.Y. Penal Law § 125.25, in the New York State Supreme Court on November 3, 1976, before Justice Burton...

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