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JOHNSTONE v. KELLY

No. 160, Docket 86-2199.

812 F.2d 821 (1987)

Gregory JOHNSTONE, Petitioner-Appellant, v. Walter J. KELLY, Superintendent, Attica Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 2, 1987.

PER CURIAM:

On December 24, 1986, we ruled that the petitioner-appellant, Gregory Johnstone, was entitled to his release from custody unless the State of New York promptly afforded him a new trial. Johnstone v. Kelly, 808 F.2d 214 (2d Cir.1986). That ruling resulted from a holding that Johnstone's state court conviction had been obtained in violation of his constitutional right to represent himself. The State now seeks a clarification...

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