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MORRIS v. REYNOLDS

Docket No. 00-2447.

264 F.3d 38 (2001)

George MORRIS, Petitioner-Appellant, v. Edward REYNOLDS, Superintendent of Mohawk Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 30, 2001.

Attorney(s) appearing for the Case

Georgia J. Hinde, New York, NY, for Appellant.

Raffaelina Gianfrancesco, Assistant District Attorney, Bronx, N.Y. (Robert T. Johnson, Bronx County District Attorney, Joseph N. Ferdenzi, Allen H. Saperstein, Assistant District Attorneys, Bronx, NY, on the brief), for Appellee.

Before WALKER, Chief Judge, OAKES, and PARKER, Circuit Judges.

PARKER, Circuit Judge:

Petitioner appeals from an order of the United States District Court for the Southern District of New York (Marrero, J.), entered August 3, 2000, denying his petition for a writ of habeas corpus. This appeal requires us to decide the following questions: (1) whether the Supreme Court has "clearly established" that jeopardy attaches upon a trial court's unconditional acceptance of a guilty plea to the lesser included offense in a two-count indictment...

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