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119 R.I. 947

McDonough v. State

Supreme Court of Rhode Island

Decided March 27, 1978

Supreme Court of Rhode Island · decided 1978-03-27

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on State v. McDonough

Decided 1978-03-27

¶1The petitioner’s request for summary judgment on Indictment 74-75 is denied as moot since his appeal from a judgment of conviction was decided by this court on November 6, 1975. Judgment of conviction was affirmed. 115 R.I. 383, 347 A.2d 41 (1975).

¶2Under the provisions of 28 U.S.C.S. §2241 this court does not have jurisdiction of petitioner’s request for a writ of habeas corpus. The petition is therefore denied.

Stephen Michael McDonough, pro se, petitioner.Julius C. Michaelson, Attorney General, Nancy Marks Rahmes, Special Assistant Attorney General, for respondent.

¶3Chief Justice Bevilacqua did not participate.

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