FITZSIMMONS v. YEAGER

No. 16495.

391 F.2d 849 (1968)

Paul L. FITZSIMMONS, Appellant, v. Howard YEAGER, Principal Keeper of the New Jersey State Prison at Trenton, N. J. and the State of New Jersey.

United States Court of Appeals Third Circuit.

Resubmitted November 9, 1967.

Decided February 19, 1968.


Attorney(s) appearing for the Case

Paul L. Fitzsimmons, pro se.

Archibald Kreiger, Asst. Prosecutor, John G. Thevos, Prosecutor of Passaic County, Paterson, N. J., for appellee.

Resubmitted before STALEY, Chief Judge and McLAUGHLIN, KALODNER, HASTIE, SMITH, FREEDMAN, SEITZ and VAN DUSEN, Circuit Judges.


OPINION OF THE COURT

FREEDMAN, Circuit Judge.

In 1959 a jury in the Superior Court of New Jersey found appellant guilty of murder in the first degree with a recommendation of mercy under which he was sentenced to life imprisonment. The present appeal is from the district court's dismissal of his petition for habeas corpus on the ground that he had not exhausted the remedies available to him in the courts of New Jersey as required by 28 U.S.C. § 2254...

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