GULLIVER v. DALSHEIM

No. 81 Civ. 2444 (WK).

574 F.Supp. 111 (1983)

Charles Anthony GULLIVER, Petitioner, v. Stephen DALSHEIM, etc., et al., Respondents.

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

November 4, 1983.


Attorney(s) appearing for the Case

Barry Bassis, Federal Defender Services Unit, New York City, for petitioner.

Carl A. Vergari, Dist. Atty., Westchester County by Terry Jane Ruderman, White Plains, N.Y., for respondents.


OPINION

WHITMAN KNAPP, District Judge.

This application for a writ of habeas corpus under 28 U.S.C. § 2254 is before us on remand from the Court of Appeals for the Second Circuit to consider whether the rule announced in Martinez v. Harris (2d Cir.1982) 675 F.2d 51 precludes us from considering petitioner's claim that he was denied effective assistance of counsel on his appeal from a judgment of conviction...

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