HARRIS v. KUHLMAN

No. CV-84-2657 (JBW).

601 F.Supp. 987 (1985)

James HARRIS, Petitioner, v. Robert KUHLMAN, Warden, Woodbourne Correctional Facility, and Robert Abrams, Attorney General of the State of New York, Respondents.

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

February 5, 1985.


Attorney(s) appearing for the Case

Julius M. Wasserstein, Lasher & Wasserstein, New York City, for petitioner.

John Santucci, Dist. Atty., County of Queens, Kew Gardens, N.Y., for respondents; Robert Alexander, and Brian Bressman, Kew Gardens, N.Y., of counsel.


MEMORANDUM and ORDER

WEINSTEIN, Chief Judge:

Petitioner seeks a writ of habeas corpus. 28 U.S.C. § 2254. Several difficult problems are presented. First, whether petitioner, having made repeated efforts (through his family and by letters) to contact his attorney during this time and to obtain relief from the Clerk of the Appellate Division, can be said to have exhausted available state remedies. Second, whether the failure of petitioner's court-appointed...

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