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JENKINS v. LEONARDO

No. 896, Docket 92-2614.

991 F.2d 1033 (1993)

James JENKINS, also known as James Davis, III, also known as Free-King Afrika, Petitioner-Appellant, v. Arthur LEONARDO, Superintendent, Great Meadow Correctional Facility, Robert Abrams, Attorney General of the State of New York, and People of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 20, 1993.

Attorney(s) appearing for the Case

Jonathan C. Scott, Northport, NY, for petitioner-appellant.

Richard E. Weill, White Plains, NY, Second Deputy Dist. Atty. of Westchester County (Carl A. Vergari, Dist. Atty. of Westchester County, of counsel), for respondents-appellees.

Before: MESKILL, Chief Judge, FEINBERG and WINTER, Circuit Judges.

FEINBERG, Circuit Judge:

James Jenkins appeals from a judgment of the United States District Court for the Southern District of New York, Peter K. Leisure, J., denying his petition for a writ of habeas corpus. Jenkins was convicted in state court on charges of rape and related offenses. During the trial, the State impeached Jenkins with statements he made after he had been indicted and his Sixth Amendment right to counsel had attached. Jenkins made these statements...

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