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U. S. EX REL. MITCHELL v. LaVALLEE

No. 73 Civ. 4999.

417 F.Supp. 154 (1976)

UNITED STATES of America ex rel. David MITCHELL, Petitioner, v. J. E. LaVALLEE, Superintendent, Clinton Correctional Facility, Respondent.

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

June 23, 1976.

Attorney(s) appearing for the Case

Lawrence Stern, Brooklyn, N. Y., for petitioner.

Louis J. Lefkowitz, Atty. Gen., by Joseph W. Henneberry, Asst. Atty. Gen., Yonkers, N. Y., for respondent.

OPINION

STEWART, District Judge.

Petitioner, David Mitchell, alleging several constitutional deficiencies in his trial and subsequent conviction of robbery in the first degree, grand larceny in the third degree, burglary in the second degree, possession of a weapon, and criminal trespass in the first degree, seeks a writ of habeas corpus. In a memorandum decision of January 13, 1976, we dismissed Mitchell's Eighth Amendment claim for failure to exhaust state...

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