United States Ex Rel. Butler v. Schubin

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, Peter Butler, presently serving a life sentence at the Ossining Correctional Facility, Ossining, New York, imposed on June 15, 1967, pursuant to a judgment of conviction for the crime of murder in the first degree, following a jury trial in the Supreme Court, New York County, seeks his release upon a writ of habeas corpus. He alleges his federally protected constitutional rights to due process of law under the Fourteenth Amendment and under the confrontation clause of the Sixth Amendment were violated by (1) the failure of the prosecution to…