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UNITED STATES v. LA VALLEE

Civ. A. No. 8659.

191 F.Supp. 455 (1961)

UNITED STATES of America ex rel. Edward J. KIERNAN, Relator, v. J. Edwin LA VALLEE, Warden of Clinton Prison, Dannemora, Clinton County, New York, Respondent.

United States District Court N. D. New York.

January 24, 1961.

Attorney(s) appearing for the Case

C. Joseph Hallinan, Jr., New York City, for relator.

Louis J. Lefkowitz, Atty. Gen. of New York (Raymond B. Madden, Asst. Atty. Gen., of counsel) and Joseph F. Gagliardi, Dist. Atty., Westchester County, White Plains, N. Y. (Douglas L. McGuire, Asst. Dist. Atty., White Plains, N. Y., of counsel), for respondents.

JAMES T. FOLEY, District Judge.

This federal habeas corpus proceeding involves one of the most serious problems that, in my judgment, can confront a United States District Judge, sitting and deciding alone as is his usual function. It necessitates again the thrust of federal examination by the single judge into a murder first degree conviction rendered in New York many years ago and very recently affirmed unanimously by the highest court of that state, the Court of...

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