UNITED STATES EX REL. COLE v. FOLLETTE

No. 246, Docket 33840.

421 F.2d 952 (1970)

UNITED STATES of America ex rel. Frank COLE, Petitioner-Appellee, v. Harold W. FOLLETTE, Warden of Green Haven Prison, Stormville, New York, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 3, 1970.


Attorney(s) appearing for the Case

Charles A. LaTorella, Jr., Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellant.

Michael O. Finkelstein, New York City, for petitioner-appellee.

Before LUMBARD, Chief Judge, and SMITH and FEINBERG, Circuit Judges.


PER CURIAM.

This is an appeal from an order of the United States District Court for the Southern District of New York, Marvin E. Frankel, J., granting Frank Cole's petition for a writ of habeas corpus and discharging him unless the State proceeded to retrial. The basis of the decision below, 301 F.Supp. 1137, was that Cole was denied due process in his state trial1 in November 1965 because he was unjustifiably...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases