TaiLexi AI U.S. Case Law

United States ex rel. Lumumba Abdul Shakur v. Commissioner of Corrections George F. McGrath

UNITED STATES Ex Rel. Lumumba Abdul SHAKUR Et Al., Petitioners-Appellants, v. Commissioner of Corrections George F. McGRATH, Respondent-Appellee

United States ex rel. Lumumba Abdul Shakur v. Comm'r of Corr. George F. McGrath, 418 F.2d 243 (2d Cir. 1969)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided
October 24, 1969
Docket
No. 34014_1
Judges
Lumbard, Waterman, Kaufman
Citations
418 F.2d 2431969 U.S. App. LEXIS 10302

Opinion — Per Curiam

PER CURIAM:

Petitioners, all but one members of the Black Panther Party, await trial in the New York courts on an indictment found on April 1, 1969, which charges attempted murder, arson, attempted arson, possession of dangerous weapons, and conspiracy, arising out of an alleged plot to destroy several midtown Manhattan buildings with high explosives. Originally, bail was set for all petitioners at $100,000 each; it was subsequently reduced to $25,000 for two petitioners and $10,000 for a third. All petitioners save one have been unable to make their bail and are presently incarcerated awaiting trial.

In a careful opinion below, Judge Palmieri denied their petitions. United States ex rel. Shakur v. McGrath, 303 F.Supp. 303 (S.D.N.Y.1969). In an expedited appeal heard September 9th, we denied the petitions without prejudice to renew if the State within 30 days did not set an early trial date. In accordance with our mandate, petitioners have renewed their application. The renewed petitions are denied.

It is apparent from the history of the proceedings in the state supreme court that defendants and their counsel have sought delay by every means available since their indictment in April, 1969. The State, on the other hand, has consistently stood ready to proceed to trial. Moreover, we see no basis for this latest petition, since on October 15 Judge Murtagh set the case for trial on November 17, which certainly is in conformity with our order of September 9th.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 15 cases

View all citing references →
1969: 11970: 11971: 21972: 11973: 31974: 11975: 31977: 11980: 11981: 119692026peak 1973 · 3

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
United States ex rel. Shakur v. Comm'r of Corr., 303 F. Supp. 303 (S.D.N.Y. 1969) 19

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list