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MITCHELL v. SCULLY

209, Docket 84-2069.

746 F.2d 951 (1984)

Steven MITCHELL, Petitioner-Appellant, v. Charles SCULLY, Superintendent, Greenhaven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 23, 1984.

Attorney(s) appearing for the Case

R. Nils Olsen, Jr., Buffalo, N.Y., for petitioner-appellant.

Stuart L. Sanders, Asst. Dist. Atty., New York City (Mario Merola, Dist. Atty., and Billie Manning, Asst. Dist. Atty., Bronx, N.Y.), for respondent-appellee.

Before FRIENDLY, MESKILL and PIERCE, Circuit Judges.

FRIENDLY, Circuit Judge:

Steven Mitchell appeals from an order of the District Court for the Southern District of New York which denied his petition for habeas corpus under 28 U.S.C. § 2254. The court granted leave to appeal in forma pauperis and issued a certificate of probable cause.

On May 10, 1978, Mitchell was charged by a grand jury in the Supreme Court for Bronx County, New York in a six-count indictment, with the crimes of first degree...

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