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MOORE v. DeYOUNG

No. 74-1858.

515 F.2d 437 (1975)

Albert MOORE, Petitioner-Appellee, v. John DeYOUNG, Warden, Passaic County Jail, and Frank Davenport, Sheriff, Respondents-Appellants.

United States Court of Appeals, Third Circuit.

Decided April 8, 1975.

Attorney(s) appearing for the Case

Stanley C. Van Ness, Public Defender, John H. Ratliff, Asst. Deputy Public Defender, East Orange, N. J., for petitioner-appellee.

Joseph D. J. Gourley, Passaic County Prosecutor, John P. Goceljak, Asst. Prosecutor, Paterson, N. J., for respondents-appellants.

Before SEITZ, Chief Judge, and ALDISERT and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

The petitioner Moore has been exposed to state court trial in New Jersey since 1967, as a result of his having been charged with the commission of a crime in January of that year. The sequence of events recited below ultimately presents this question for resolution: Should a federal court grant a writ of habeas corpus and enjoin an ongoing state criminal proceeding before the petitioner has stood trial and before...

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