[Download] "United States v. Casscles" by United States Court of Appeals for the Second Circuit # Book PDF Kindle ePub Free

eBook details

Title: United States v. Casscles
Author : United States Court of Appeals for the Second Circuit
Release Date : January 22, 1971
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

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McLEAN, District Judge: Petitioner is a state prisoner who is serving concurrent sentences of 7 1/2 to 10 years and 5 to 10 years imposed upon him by the Supreme Court, Queens County, New York, upon his conviction in 1965 of the crimes of felonious possession of marijuana with intent to sell and felonious possession of marijuana. In July 1969 he filed a petition for a writ of habeas corpus in the District Court for the Southern District of New York, claiming that he had been arrested without a warrant and without probable cause, and that his conviction was secured by evidence obtained in violation of his rights under the Fourth Amendment. Judge Palmieri found it unnecessary to hold a hearing on these claims. He accepted the facts as found by the state court in a series of hearings on petitioner's motion to suppress, in which petitioner made the same contentions that he makes here. The fairness of these hearings and the adequacy of their fact finding procedures were not challenged by petitioner. See 28 U.S.C. Â§ 2254(d). On the basis of these facts, Judge Palmieri held that petitioner's constitutional rights had not been violated. He dismissed the petition by order dated October 16, 1969, with an opinion which is unreported.