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McMICHAEL v. HENDERSON

Nos. 80 Civ. 0475, 80 Civ. 3110.

502 F.Supp. 681 (1980)

Lordrick McMICHAEL, Petitioner, v. Robert HENDERSON, Superintendent of Auburn Correctional Facility, Respondent. Nathaniel AUSTIN, Petitioner, v. Robert HENDERSON, Superintendent, Auburn Correctional Facility, Respondent.

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

December 12, 1980.

Attorney(s) appearing for the Case

William E. Hellerstein, New York City, for petitioner, Lordrick McMichael by Joseph J. Hester, New York City, of counsel.

Nathaniel Austin, petitioner, pro se.

Robert Abrams, Atty. Gen., State of New York, New York City, for respondent by Tyrone M. Powell, Charlotte C. Lee, New York City, of counsel.

MEMORANDUM OPINION AND ORDER

SOFAER, District Judge:

Petitioners Nathaniel Austin and Lordrick McMichael were indicted along with Richard Johnson by a Bronx County Grand Jury following an incident in which Jonah Harper, an acquaintance of all three men, was killed. The defendants were indicted for Murder in the Second Degree and Criminal Possession of a Weapon in the Fourth Degree. Johnson pleaded guilty to Manslaughter in the First Degree. On May 12, 1977...

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