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WHEELER v. KELLY

No. 611, Docket 86-2295.

811 F.2d 133 (1987)

Randy WHEELER, Petitioner-Appellant, v. Walter KELLY, Superintendent of Attica Correctional Facility; Robert Abrams, Attorney General of the State of New York; and Denis Dillon, District Attorney of the County of Nassau, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 9, 1987.

Attorney(s) appearing for the Case

E. Thomas Boyle, P.C., Smithtown, N.Y., for petitioner-appellant.

Bruce E. Whitney, Mineola, N.Y., Asst. Dist. Atty., Nassau County (Denis Dillon, Dist. Atty., Nassau County, Anthony J. Girese, Asst. Dist. Atty., of counsel), for respondents-appellees.

Before FEINBERG, Chief Judge, TIMBERS and PIERCE, Circuit Judges.

FEINBERG, Chief Judge:

In this unusual case, petitioner Randy Wheeler, an incarcerated state prisoner, appeals from an order of the United States District Court for the Eastern District of New York, Leonard D. Wexler, J. The order granted Wheeler's petition for a writ of habeas corpus because of a five-year delay in the processing of his appeal in the state courts and directed that he be retried unless the Appellate Division of the New York State Supreme Court, Second...

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