Legal Opinion
Whaley v. Rodriguez
District Court, E.D. New York
Decided April 8, 1987No. 86-CV-940 (JBW)PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
WEINSTEIN, Chief Judge.
Petitioner seeks a writ of habeas corpus claiming ineffective assistance of counsel. He alleges failure of his state court trial attorney to move for dismissal after a violation of New York’s Speedy Trial Act. N.Y.Crim.Proc.Law § 30.30. The writ must be granted for the reasons stated below.
I. Facts
a) Chronology
On April 15, 1977, an attempted armed robbery occurred at the Able Wire and Frame Company in Brooklyn. Messrs. Intermore and McGuire were picking up a payroll. Someone yelled “freeze.” Inter-more turned, was shot, and fell to the ground.…
2Cases cited30 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Townsend v. SainSupreme Court of the United States · 1963
- Kimmelman v. MorrisonSupreme Court of the United States · 1986
- Brown v. AllenSupreme Court of the United States · 1953
- Harris v. NelsonSupreme Court of the United States · 1969
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3Cited by1 opinion
- Zenous Whaley v. Ramon J. Rodriguez, Chairman, New York Board of ParoleCourt of Appeals for the Second Circuit · 1988