PHILLIPS v. SMITH

No. 1199, Docket 82-2375.

717 F.2d 44 (1983)

William R. PHILLIPS, Petitioner-Appellant, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 2, 1983.

Certiorari Denied February 21, 1984.


Attorney(s) appearing for the Case

William M. Kunstler, Center for Constitutional Rights, New York City (Mark B. Gombiner, Center for Constitutional Rights, New York City, of counsel), for petitioner-appellant.

Robert M. Pitler, Asst. Dist. Atty., N.Y. County, New York City (Robert M. Morgenthau, Dist. Atty. for N.Y. County, David H. Steiner, Asst. Dist. Atty., N.Y. County, New York City, of counsel), for respondent-appellee.

Before OAKES and MESKILL, Circuit Judges, and HILL, District Judge.


Certiorari Denied February 21, 1984. See 104 S.Ct. 1287.

MESKILL, Circuit Judge:

In 1974 William R. Phillips was tried and convicted in New York State Supreme Court of two counts of murder and one count of attempted murder. In 1978 he moved to vacate the judgment in state court alleging that his Fifth and Sixth Amendment rights were violated by the admission at trial of allegedly immunized testimony. The state judge denied his motion ruling alternatively that...

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