No. 06-CV-6477(VEB).

742 F.Supp.2d 332 (2010)

Jack F. WASHINGTON, Petitioner, v. Thomas POOLE, Respondent.

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

October 6, 2010.

Attorney(s) appearing for the Case

Joseph S. Damelio , Rochester, NY, for Petitioner.

Loretta S. Courtney , Monroe County District Attorney's Office, Rochester, NY, for Respondent.


VICTOR E. BIANCHINI, United States Magistrate Judge.

I. Background

Pro se habeas petitioner Jack F. Washington ("Washington" or "petitioner") was arrested on September 18, 2003, for his alleged participating earlier that day in an armed robbery, along with another man, at a convenience store in the City of Rochester. Washington availed himself of his statutory right to testify at the grand jury, testifying that he was...

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