United States v. La Vallee

Citation277 F.2d 926
PartiesUNITED STATES of America ex rel. Lewis WOLFE, Relator-Appellant, v. J. Edwin LA VALLEE, Warden, Clinton Prison, Dannemora, New York, Respondent-Appellee.
Decision Date10 March 1960
CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)

Lewis Wolfe, pro se.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, in opposition.

Before CLARK, MOORE and FRIENDLY, Circuit Judges.

PER CURIAM.

Upon considering the within motion, the order below 179 F.Supp. 939 is vacated and the proceedings are remanded for the taking of such further testimony as may be offered on the question of relator's mental condition at the time of his trial in the state court and for the filing of findings as to such condition; counsel to be assigned by the district court.

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3 cases
  • United States v. La Vallee
    • United States
    • U.S. District Court — Northern District of New York
    • January 24, 1961
  • United States v. Herold
    • United States
    • U.S. District Court — Northern District of New York
    • December 31, 1962
    ... ... (See United States ex rel. Wolfe v. La Vallee, (N.D.N.Y.), 179 F.Supp. 939, remanded for hearing, 2 Cir., 277 F.2d 926) ...         The only significant decision in the New York appellate listing above, considering 212 F. Supp. 830 the stiff resistance later made in the Appellate Division, First Department, on direct appeal and here ... ...
  • Yaskin v. Allston
    • United States
    • U.S. Court of Appeals — Third Circuit
    • May 12, 1960
    ... ... ALLSTON and City of Chester and the Pennsylvania Railroad Company ... No. 13128 ... United States Court of Appeals Third Circuit ... Argued May 5, 1960 ... Decided May 12, ... ...

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