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United States Second Circuit


MCMAHON v. HODGES, 02-2666

The grant of plaintiff's habeas corpus petition is reversed where the offer of a bench trial before another judge did not coerce plaintiff into waiving his right to trial by jury.

Appellate Information

  • Decided 08/31/2004
  • Published 08/31/2004

Judges

  • SACK, Circuit Judge., Before:  FEINBERG and SACK, Circuit Judges, WEXLER, District Judge.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • David A. Lewis, The Legal Aid Society Federal Defender Division Appeals Bureau, New York, NY, Amicus Curiae.

  • For Appellees:
  • William A. Gerard, Palisades, NY, for Petitioner-Appellee., Tina Guccione, District Attorney's Office Rockland County (Michael E. Bongiorno, District Attorney, Ellen O'Hara Woods, Ann C. Sullivan, Senior Assistant District Attorneys, of counsel), New City, NY, for Respondent-Appellant.
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