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MEALER v. JONES

No. 83 Civ. 3469 (KTD).

573 F.Supp. 675 (1983)

Thomas MEALER, Petitioner, v. Everett JONES, Respondent.

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

November 1, 1983.

Attorney(s) appearing for the Case

The Legal Aid Society, New York City, for petitioner; William E. Hellerstein, New York City, of counsel.

Robert M. Morgenthau, Dist. Atty., New York County, New York City, for respondent; Bruce Allen, Asst. Dist. Atty., New York City, of counsel.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

This petition for habeas corpus is brought by a state court prisoner pursuant to 28 U.S.C. § 2254. The petitioner, Thomas Mealer, challenges his custody on the ground that the admission of post-indictment statements obtained from him in the absence of counsel by one of the witnesses for the prosecution violated the Sixth and Fourteenth Amendments to the Constitution. For the reasons that follow...

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