EHINGER v. MILLER

No. 95 CIV. 9982 (MBM).

942 F.Supp. 925 (1996)

Herbert EHINGER, Petitioner, v. David MILLER, Superintendent of Eastern Correctional Facility, Respondent.

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

October 9, 1996.


Attorney(s) appearing for the Case

Herbert Ehinger, Napanoch, NY, pro se.

Dennis C. Vacco, Attorney General of the State of New York (Dian Kerr McCullough, Assistant Attorney General, of counsel), New York City, for Respondent.


ORDER AND OPINION

MUKASEY, District Judge.

Herbert Ehinger petitions for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging his state court conviction of kidnapping in the first degree. After withdrawing several unexhausted claims, petitioner asserts two grounds for relief, both based on ineffective assistance of appellate counsel for neglecting to raise on appeal alleged deficiencies in trial counsel's performance. Those deficiencies...

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