Legal Opinion

United States ex rel. Haines v. Patterson

District Court, S.D. New York

Decided October 11, 1973No. 73 Civ. 1964PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM

FRANKEL, District Judge.

The petitioner is serving an indeterminate state sentence of up to 12 years for first-degree manslaughter and possession of a weapon as a misdemeanor. His conviction was affirmed by the Appellate Division and leave to appeal to the Court of Appeals was denied by Judge Scileppi. He appears to acknowledge that he caused the death leading to his manslaughter conviction. He seems to assert, however, invoking only propositions of state law, that the degree should have been lower and that the trial court erred in failing to submit lesser-included offenses to the…

2Cases cited10 opinions

  1. Preiser v. RodriguezSupreme Court of the United States · 1973
  2. Jack Gittlemacker v. Arthur T. Prasse, Commissioner of Prisons of Pa. And Frank C. Johnston, Warden, State Correctional Institution, Dallas, PaCourt of Appeals for the Third Circuit · 1970
  3. Wade v. WilsonSupreme Court of the United States · 1970
  4. United States v. Woodrow McKay ShoafCourt of Appeals for the Fourth Circuit · 1964
  5. Lloyd G. Ellis v. State of MaineCourt of Appeals for the First Circuit · 1971

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3Cited by1 opinion

  1. United States of America Ex Rel. Carl Buford v. Robert J. Henderson, Superintendent, Auburn Correctional Facility,respondent-AppelleeCourt of Appeals for the Second Circuit · 1975

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