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TANKLEFF v. SENKOWSKI

No. 2063, Docket 97-2116.

135 F.3d 235 (1998)

Martin H. TANKLEFF, Petitioner-Appellant, v. D.A. SENKOWSKI, Superintendent of Clinton Correctional Facility, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 12, 1998.

Attorney(s) appearing for the Case

Stephen L. Braga, Barry J. Pollack, Miller, Cassidy, Larroca & Lewin, L.L.P., Washington, DC, for Petitioner-Appellant.

Mark D. Cohen, Chief Assistant District Attorney, Riverhead, NY (James M. Catterson, Jr., District Attorney of Suffolk County; Glenn Green, Michael J. Miller & Steven A. Hovani, Assistant District Attorneys, of counsel), for Respondents-Appellees.

Before: CALABRESI, CABRANES, and PARKER Circuit Judges.

CALABRESI, Circuit Judge:

Martin Tankleff was convicted in New York state court for the murder of his parents, Seymour and Arlene Tankleff. On February 7, 1996, he filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The United States District Court for the Eastern District of New York (Thomas C. Platt, Judge) denied Tankleff's petition on January 30, 1997. On February 28, 1997, Judge Platt granted Tankleff a certificate of appealability...

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