Legal Opinion

People ex rel. Maxian v. Brown

Appellate Division of the Supreme Court of the State of New York

Decided October 30, 1990PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Murphy, P. J.

Petitioners in these consolidated habeas corpus proceedings are persons arrested without warrants and thereafter detained by the police for varying periods while awaiting arraignment. Petitioners have challenged the legality of their prearraignment detention arguing, in reliance upon certain State statutory and constitutional provisions, that their detention was impermissibly prolonged. It is not disputed that among the petitioners are numerous persons held by the police in prearraignment custody for more than 24 hours and that, of these, some were detained in…

2Cases cited12 opinions

  1. Gerstein v. PughSupreme Court of the United States · 1975
  2. Schall v. MartinSupreme Court of the United States · 1984
  3. People v. LovelloNew York Court of Appeals · 1956
  4. People v. HollandNew York Court of Appeals · 1979
  5. Sanders v. City of HoustonDistrict Court, S.D. Texas · 1982

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3Cited by7 opinions

  1. People ex rel. Maxian v. BrownNew York Court of Appeals · 1991
  2. Jenkins v. CHIEF JUSTICE OF THE DISTRICT COURT DEPT.Massachusetts Supreme Judicial Court · 1993
  3. Rogers v. AlbertWest Virginia Supreme Court · 2000
  4. Angell ex rel Brown v. FerrisAppellate Division of the Supreme Court of the State of New York · 1996
  5. Jenkins v. Chief Justice of the District Court DepartmentMassachusetts Supreme Judicial Court · 1993

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