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RAMCHAIR v. CONWAY

No. 04-CV-4241 (JG).

725 F.Supp.2d 361 (2010)

Racky RAMCHAIR, Petitioner, v. James CONWAY, Superintendent, Attica Correctional Facility, Respondent.

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

July 20, 2010.

Attorney(s) appearing for the Case

Frank Handelman , New York, NY, for Petitioner.

Richard A. Brown , District Attorney, Queens County, by: John M. Castellano , Jennifer Hagan, Kew Gardens, NY, for Respondent.

MEMORANDUM AND ORDER

JOHN GLEESON, District Judge:

This Memorandum and Order resolves the effect of the State's failure to comply with the conditional writ of habeas corpus. For the reasons stated below, I conclude that the State's inaction converts the conditional writ to an unconditional writ, and that the State is precluded from retrying Ramchair.

I first granted Ramchair's petition for a writ of habeas corpus on April 4, 2008. Ramchair...

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