NOBLE v. KELLY

No. 97 Civ. 6907(LBS).

89 F.Supp.2d 443 (2000)

Casim NOBLE, Petitioner, v. Walter R. KELLY, Superintendent, Respondent.

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

February 28, 2000.


Attorney(s) appearing for the Case

The Legal Aid Society, Federal Defender Division, Appeals Bureau, Phillip L. Weinstein, New York City, for petitioner Casim Noble.

Stephen F. Lungen, District Attorney, Sullivan County, Bonnie M. Mitzner, Monticello, NY, for respondent Walter R. Kelly.


OPINION

SAND, District Judge.

Casim Noble, a prisoner in state custody, petitions this Court for a writ of habeas corpus. After a thorough examination of the record, we conclude that the Petitioner's conviction was obtained in violation of his rights to present witnesses in his defense and to the effective assistance of counsel, both of which are guaranteed by the Sixth Amendment. The petition is, therefore, granted.

BACKGROUND

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