MORALES v. PORTUONDO

No. 97 CIV 2559 DC.

154 F.Supp.2d 706 (2001)

Jose MORALES, Petitioner, v. Leonardo PORTUONDO, Superintendent, Shawangunk Correctional Facility, Respondent.

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

July 24, 2001.


Attorney(s) appearing for the Case

Randa D. Maher, Great Neck, NY, Jeffrey Pittell, New York City, for Petitioner.

Robert T. Johnson, District Attorney, Bronx County by Joseph N. Ferdenzi, Cheryl D. Harris, Allen P.W. Karen, Assistant District Attorneys, Bronx, NY, for Respondent.


OPINION

CHIN, District Judge.

The writ of habeas corpus—the "Great Writ"—has been described as the "highest safeguard of liberty." Smith v. Bennett, 365 U.S. 708, 712, 81 S.Ct. 895, 6 L.Ed.2d 39 (1961). "[F]rom our very beginnings," the writ has been a powerful remedy of last resort, the "[v]indication of due process [being] precisely its historic office." Fay v. Noia, 372...

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