Legal Opinion
United States ex rel. Klein v. Deegan
District Court, S.D. New York
Decided July 16, 1968No. 68 Civ. 2459PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM
THOMAS F. MURPHY, District Judge.
Petitioner is presently incarcerated in state prison as a result of his conviction of larceny in the first degree on March 11, 1968, in the New York State Supreme Court, New York County. Pursuant to sections 552 and 555 of the New York Code of Criminal Procedure, he was denied bail pending appeal. He now seeks federal habeas corpus relief on the grounds that this denial was in violation of the Eighth and Fourteenth Amendments to the United States Constitution.
Even assuming arguendo that the bail provision of the Eighth Amendment is binding upon the…
2Cases cited2 opinions
- McKane v. DurstonSupreme Court of the United States · 1894
- United States v. George WilsonCourt of Appeals for the Second Circuit · 1958
3Cited by8 opinions
- Greene v. StateSupreme Court of Florida · 1970
- Commonwealth v. FowlerSupreme Court of Pennsylvania · 1973
- Bobbie J. Hamilton v. State of New MexicoCourt of Appeals for the Tenth Circuit · 1973
- United States Ex Rel. Siegal v. FolletteDistrict Court, S.D. New York · 1968
- Winningham v. StateCourt of Criminal Appeals of Oklahoma · 1971
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