SPALLA v. FOLTZ

Civ. No. 84-CV-2425-DT.

615 F.Supp. 224 (1985)

Frederick SPALLA, Petitioner, v. Dale FOLTZ, Respondent.

United States District Court, E.D. Michigan, S.D.

July 15, 1985.


Attorney(s) appearing for the Case

Stuart B. Lev, Asst. Defender, State Appellate Defenders Office, Detroit, Mich., for petitioner.

Thomas Kulick, Asst. Atty. Gen., Corrections Div., Lansing, Mich., for respondent.


OPINION AND ORDER

COHN, District Judge.

I.

A.

Petitioner, presently confined to the State Prison of Southern Michigan, challenges his conviction for second degree murder, M.C.L. § 750.317, in habeas corpus, 28 U.S.C. § 2254. His petition includes a 42 U.S.C. § 1983 claim for injunctive and declaratory relief; this claim is subsumed in the decision on the habeas action.

On February 28, 1976 petitioner was convicted...

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