RISTAU v. KIRK

No. CV-85-4197.

671 F.Supp. 955 (1987)

John RISTAU, Plaintiff, v. William S. KIRK, Superintendent of Wallkill Correctional Facility, State of New York; Elizabeth Holtzman, District Attorney, Kings County; and Robert Abrams, New York State Attorney General, Defendants.

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

October 21, 1987.


Attorney(s) appearing for the Case

John Ristau, pro se.

Steven H. Kessler, Asst. Dist. Atty., Brooklyn, N.Y., for defendants.


GLASSER, District Judge:

On November 18, 1985, pro se petitioner John Ristau filed a petition pursuant to 28 U.S.C. § 2254, alleging that his 1944 misdemeanor conviction was unconstitutionally obtained because he had not been represented by counsel nor advised of his right to be so represented. Petitioner, at the time he filed his application, was serving a sentence for a 1962 murder conviction. He asserted that he had been denied parole in 1982 and 1984 because...

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