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UNITED STATES EX REL. MERRITT v. HICKS

Civ. A. No. 79-2194.

492 F.Supp. 99 (1980)

UNITED STATES of America ex rel. George MERRITT, Jr., Petitioner, v. Sidney HICKS, Superintendent, New Jersey State Prison at Rahway, and the State of New Jersey, Respondents.

United States District Court, D. New Jersey.

February 20, 1980.

Attorney(s) appearing for the Case

Morton Stavis, Newark, N. J., for petitioner.

John J. Degnan, Atty. Gen. by Kenneth N. Lipstein, Deputy Atty. Gen., Princeton, N. J., for respondents.

OPINION

MEANOR, District Judge.

George Merritt, Jr., petitioner for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, seeks relief from custody imposed following his third conviction for the murder of John Gleason, a Plainfield, New Jersey police officer killed during riots which erupted in that city in July 1967.

I

A. Background

In July 1967, following a period of racial tension and an outbreak of assaults, arson...

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