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UNITED STATES EX REL. BRODIE v. HILTON

Civ. No. 80-1508.

496 F.Supp. 619 (1980)

U. S. ex rel. James V. BRODIE, Petitioner, v. Gary J. HILTON, Superintendent, etc., Respondents.

United States District Court, D. New Jersey.

August 4, 1980.

Attorney(s) appearing for the Case

Stanley Van Ness, N. J. Public Defender by William E. Graves, Asst. Deputy Public Defender and Stanford M. Singer, East Orange, N. J. (designated counsel), for petitioner.

John J. Degnan, Atty. Gen. of New Jersey by Miriam K. Brody, Princeton, N. J. (Asst. Essex County Prosecutor) and Mark H. Genser (Asst. Essex County Prosecutor), Newark, N. J., on brief, for respondents.

OPINION

BIUNNO, District Judge.

On January 24, 1977, James V. Brodie was convicted after jury trial of felony murder and the mandatory sentence of life imprisonment was thereupon imposed.

His appeal to the Superior Court, Appellate Division having resulted in an affirmance of that conviction, and a petition for certification having been denied by the Supreme Court of New Jersey, he filed petition here on May 27, 1980 under 28 U.S.C. § 2254....

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