Burch v. Millas, et al
| Lawrence W. Burch, II |
| Christ T. Millas |
| 1:2003cv00387 |
| August 14, 2009 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Victor E. Bianchini |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
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Filing
14
DECISION AND ORDER. Petition for a writ of habeas corpus is GRANTED and his conviction in Chatauqua County Court for second degree (aggravated) sexual abuse is hereby vacated. Petitioner has already completed his sentence and is no longer in custody. Should the state choose to re-prosecute Burch, it must commence criminal proceedings agains him within sixty (60) days from entry of judgment. Signed by Hon. Victor E. Bianchini on 8/14/2009. (Clerk to close case.)(SDW)
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| Petitioner: Lawrence W. Burch, II | |
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| Respondent: Christ T. Millas | |
| Represented By: | Tracey A. Brunecz |
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