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HAWKINS v. WEST

No. 851, Docket 82-2309.

706 F.2d 437 (1983)

Joseph HAWKINS, a/k/a Joseph Davis, Appellant, v. Theodore WEST, Warden, Queens House of Detention, Appellee.

United States Court of Appeals, Second Circuit.

Decided May 4, 1983.

Attorney(s) appearing for the Case

Howard B. Comet, Legal Aid Society, New York City (William E. Hellerstein, Legal Aid Society, New York City, on the brief), for appellant.

Joyce Andren, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of N.Y., Gerald J. Ryan, Asst. Atty. Gen., New York City, of counsel), for appellee.

Before LUMBARD, OAKES and NEWMAN, Circuit Judges.

OAKES, Circuit Judge:

In this case, decided by the district court after Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982), but before Daye v. Attorney General, 696 F.2d 186 (2d Cir.1982) (en banc), we are called upon to determine whether a Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), claim that the evidence...

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