Legal Opinion
Miller v. Superintendent, Otisville Correctional Facility
District Court, S.D. New York
Decided December 3, 1979No. 79 Civ. 4171 (RWS)PublishedCited by 1 opinion
1Opinion of the Court
OPINION
SWEET, District Judge.
Petitioner Peter Miller (“Miller”), a prisoner serving a four year to life sentence at the Otisville Correctional Facility, Otisville, New York, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons stated below, his petition is denied.
On March 15, 1977, Miller pled guilty in New York State Supreme Court to charges of conspiracy and sale of a controlled substance. Prior to sentencing, Miller moved for the dismissal of the indictment on the ground that he was selectively and vindictively prosecuted in state rather than federal court because he…
2Cases cited11 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- Duren v. MissouriSupreme Court of the United States · 1979
- Blackledge v. PerrySupreme Court of the United States · 1974
- Oyler v. BolesSupreme Court of the United States · 1962
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- United States v. Fernandez-DiloneDistrict Court, S.D. New York · 1987