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SANTANA v. FENTON

Civ. No. 79-3296.

570 F.Supp. 762 (1983)

Rene SANTANA, Petitioner, v. Peter FENTON, etc., et al., Respondents.

United States District Court, D. New Jersey.

August 1, 1983.

Attorney(s) appearing for the Case

John F. McMahon, Federal Public Defender by David A. Ruhnke, Asst. Federal Public Defender, Newark, N.J., for petitioner.

George L. Schneider, Prosecutor of the Pleas by Hilary L. Bruneli, Asst. Prosecutor, Newark, N.J., for respondents.

OPINION

BIUNNO, Senior District Judge.

This is the second presentation of Santana's petition under § 2254 of Title 28. At the first presentation three claims were made: (1) a remark by the prosecutor impermissibly commenting on Santana's failure to testify; (2) the trial court's refusal to reopen the trial on a motion made after summations but before the jury instructions deprived Santana of an alleged "constitutional right to testify"; and (3) numerous...

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