United States ex rel. Kenney v. Fay

WEINFELD, District Judge.

The petitioner, confined under a State Court judgment of conviction entered upon his plea of guilty to manslaughter in the first degree, seeks his release upon a Federal writ of habeas corpus on the ground that the judgment is void for violation of his federally protected constitutional right to due process of law. The nub of his claim is that his plea of guilty was coerced as a result of an agreement between the Court and his counsel, upon which he relied, that he would receive the same sentence as two codefendants. He and a codefendant, McLaughlin, were sentenced to…