Legal Opinion
McColly v. Brunelle
District Court, W.D. New York
Decided May 13, 1997No. 96-CV-621HPublishedCited by 1 opinion
1Opinion of the Court
DECISION AND ORDER
HECKMAN, United States Magistrate Judge.
*693The parties have consented pursuant to 28 U.S.C. § 636(c)1 to have the undersigned conduct any and all further proceedings in this petition for habeas corpus relief under 28 U.S.C. § 2254. Respondent has moved to dismiss the petition. For the following reasons, respondent’s motion is granted.
BACKGROUND
On October 12, 1990, petitioner was charged by the Erie County Grand Jury in a five-count indictment with murder in the second degree under N.Y.Penal Law § 125.25(2),2 reckless endangerment in the first degree under N.Y. Penal Law §…
2Cases cited30 opinions
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- Murray v. CarrierSupreme Court of the United States · 1986
- Wainwright v. SykesSupreme Court of the United States · 1977
- Teague v. LaneSupreme Court of the United States · 1989
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3Cited by1 opinion
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