Legal Opinion

Mone v. Robinson

District Court, D. Connecticut

Decided January 20, 1976No. Civ. No. H-75-296Published

1Opinion of the Court

RULING ON MOTION TO DISMISS

BLUMENFELD, District Judge.

The petitioner, John H. Mone, seeks a writ of habeas corpus on the grounds that his plea of guilty to the charge of conspiracy to commit kidnapping in the second degree was involuntary, and was the result of ineffective assistance of counsel. Jurisdiction exists pursuant to 28 U.S.C. § 2254.

The defendant has filed this motion to dismiss, arguing that since the identical claims were decided against the petitioner in a habeas action in state court, this petition is barred by the provisions of 28 U.S.C. § 2254(d). The relevant part of that…

2Cases cited5 opinions

Townsend v. SainSupreme Court of the United States · 1963
LaVallee v. Delle RoseSupreme Court of the United States · 1973
United States of America Ex Rel. Joseph Hughes v. Hon. Daniel McMann Warden of Clinton Prison, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1968
Cedargreen v. BetoDistrict Court, S.D. Texas · 1972
Cedargreen v. BetoCourt of Appeals for the Fifth Circuit · 1972