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TIPPINS v. WALKER

No. 93 Civ. 934 (JFK).

889 F.Supp. 91 (1995)

Dale TIPPINS, Petitioner, v. Hans WALKER, Superintendent of Auburn Correctional Facility, Respondent.

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

June 8, 1995.

Attorney(s) appearing for the Case

Dale Tippins, Stormville, NY, pro se.

Kenneth Gribetz, Dist. Atty. of Rockland County, New York City, NY (Deborah Wolikow Loewenberg, Sr. Asst. Dist. Atty., of counsel), for respondent.

OPINION AND ORDER

KEENAN, District Judge.

Petitioner Dale Tippins seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 based on the following assertions: (1) that the trial court improperly failed to rule that trial counsel's sleeping during a substantial portion of the trial constituted a per se violation of petitioner's Sixth Amendment right to effective assistance of counsel; and (2) that trial counsel's criminal conduct violated...

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