Legal Opinion

United States ex rel. Scott v. LaVallee

District Court, S.D. New York

Decided July 25, 1974No. 74 Civ. 1508(MP)PublishedCited by 2 opinions

1Opinion of the Court

OPINION

POLLACK, District Judge.

Petitioner, presently in state custody in the Clinton Correctional Facility, seeks a writ of habeas corpus. He was convicted of assault and possession of a weapon by a jury in Westchester County Court in July 1972. Petitioner cites alleged error of the state court in permitting the use of evidence seized from his person in violation of the Fourth and Fourteenth Amendments and also claims that the trial judge improperly remanded him after the trial had begun. Both claims were raised and rejected on appeal to the Appellate Division and for leave to appeal to the…

2Cases cited21 opinions

  1. United States v. RobinsonSupreme Court of the United States · 1973
  2. Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967
  3. Harold B. Dorman v. United StatesCourt of Appeals for the D.C. Circuit · 1970
  4. LaVallee v. Delle RoseSupreme Court of the United States · 1973
  5. United States v. Domingo S. Canieso and Siu Tsien ChouCourt of Appeals for the Second Circuit · 1972

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3Cited by2 opinions

  1. Thomas Lipuma v. Commissioner, Department of Corrections, State of New YorkCourt of Appeals for the Second Circuit · 1977
  2. United States v. ColonDistrict Court, S.D. New York · 2000

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