BRAUNSKILL v. HILTON

Civ. A. No. 85-2008.

629 F.Supp. 511 (1986)

Dana BRAUNSKILL, Petitioner, v. Gary HILTON, Superintendent, New Jersey State Prison, Trenton, New Jersey and Irwin I. Kimmelman, Attorney General of New Jersey, Respondents.

United States District Court, D. New Jersey.

February 27, 1986.


Attorney(s) appearing for the Case

Jacqueline E. Turner, Asst. Deputy Public Defender, East Orange, N.J., for petitioner.

Debra L. Stone, Deputy Atty. Gen., Div. of Crim. Justice, Appellate Section, Trenton, N.J., for respondents.


OPINION

HAROLD A. ACKERMAN, District Judge.

Petitioner Dana Braunskill, presently confined at New Jersey State Prison in Trenton, brings this pro se petition for habeas corpus under 28 U.S.C. § 2254. The issue in this case is whether it is constitutionally permissible in a state criminal prosecution for the trial judge to refuse to permit an alibi witness to testify solely because defense counsel did not respond to the state's discovery request...

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