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UNITED STATES v. FOLLETTE

No. 67 C 996.

278 F.Supp. 1003 (1968)

UNITED STATES of America ex rel. Danton S. MILLER, Petitioner, v. Harold W. FOLLETTE, as Warden of Green Haven State Prison, Stormville, New York, Respondent.

United States District Court E. D. New York.

January 6, 1968.

Attorney(s) appearing for the Case

James J. McDonough, Legal Aid Society of Nassau County, New York Criminal Division, Mineola, N. Y., for petitioner; Matthew Muraskin, Mineola, N. Y., Francis J. Valentino, Kew Gardens, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for respondent; Michael H. Rauch, Asst. Atty. Gen., of counsel.

MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

Petitioner was convicted of possessing burglar's instruments and sentenced as a third felony offender after a jury trial. During his trial, he insisted on acting as his own attorney. He now seeks release from a state prison by writ of habeas corpus (28 U.S.C. § 2241) on the ground that he was deprived of due process of law by the prosecutor's references to his failure to testify and by unfair comment on...

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