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SIMMONS v. BEYER

Civ. A. No. 86-4274.

689 F.Supp. 432 (1988)

Lawrence L. SIMMONS, Petitioner, v. Howard L. BEYER, Superintendent, New Jersey State Prison, Trenton, and W. Cary Edwards, Attorney General of New Jersey, Respondents.

United States District Court, D. New Jersey.

July 5, 1988.

Attorney(s) appearing for the Case

Lawrence L. Simmons, Trenton, N.J., pro se.

W. Carey Edwards, Atty. Gen. of New Jersey by Jane E. Hendry, Sp. Deputy Atty. Gen., Acting Asst. Prosecutor, Office of the Passaic County Prosecutor, Paterson, N.J., for respondents.

OPINION

DEBEVOISE, District Judge:

Lawrence L. Simmons petitioned for a writ of habeas corpus. Petitioner argues that he was deprived of the "right to appeal" by counsel's failure to file an appeal on his behalf. He also alleges that he was denied effective assistance of counsel on appeal:1

"Defendant submits that whenever he wasn't represented by the Public Defender's office...

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