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LEAVITT v. HOWARD

Civ. A. No. 4577.

332 F.Supp. 845 (1971)

Barry K. LEAVITT, Petitioner, v. Francis HOWARD, Warden, Adult Correctional Institution, Respondent.

United States District Court, D. Rhode Island.

October 8, 1971.

Attorney(s) appearing for the Case

Ira L. Schreiber, Providence, R.I., for petitioner.

Donald P. Ryan, Asst. Atty. Gen., of Rhode Island, Providence, R.I., for respondent.

OPINION

PETTINE, Chief Judge.

The petitioner's application for writ of habeas corpus presents issues under the Fourth, Fifth, Sixth and Fourteenth Amendments to the United States Constitution raised in a State trial resulting in a conviction by a jury of first degree murder.

From the trial record and an evidentiary hearing before this Court that was limited to the constitutional issues presented by the petition, I determined the relevant facts: Michael...

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