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WINKLER v. KEANE

No. 92 Civ. 5805 (GLG).

812 F.Supp. 426 (1993)

Richard WINKLER, Petitioner, v. John KEANE, Superintendent, Sing Sing Correctional Facility, Respondent.

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

February 9, 1993.

Attorney(s) appearing for the Case

Robert N. Isseks, Goshen, NY by Robert N. Isseks, Alex Smith, for petitioner.

Carl A. Vergari, Dist. Atty. of Westchester County, White Plains, NY (Diane E. Selker, Asst. Dist. Atty., Richard E. Weill, Second Deputy Dist. Atty., of counsel), for respondent.

OPINION

GOETTEL, District Judge.

This habeas corpus petition raises two concise grounds which, surprisingly, do raise a constitutional issue. The grounds are:

(1) Whether the existence of a contingency fee agreement between petitioner and trial counsel is per se violative of petitioner's Sixth Amendment right to effective assistance of counsel, and (2) Whether the contingency fee agreement in this case resulted in constitutionally deficient...

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