United States Ex Rel. Mitchell v. LaVallee

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 remedies, his due process claim on the merits, and ordered a hearing on the question of whether Mitchell’s assigned attorney provided…