Lewinski v. Ristaino

OPINION

TAURO, District Judge.

Petitioner was convicted of second degree murder 1 for the slaying of a woman on August 17, 1973. His direct appeal on the same issues raised here was unsuccessful, 2 and he now seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging the constitutionality of his conviction on the following grounds:

1) The denial of petitioner’s pre-trial motion to examine statements of prosecution witnesses given to police shortly after the crime deprived petitioner of due process and the right to cross-examine and confront witnesses.

2) Police negligence in the…