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UNITED STATES EX REL. ALLISON v. STATE OF NEW JERSEY

No. 17394.

418 F.2d 332 (1969)

UNITED STATES of America ex rel. Charles Lee ALLISON, Appellant, v. STATE OF NEW JERSEY.

United States Court of Appeals Third Circuit.

Decided October 29, 1969.

Attorney(s) appearing for the Case

Darryl B. Deaktor, Goodis, Greenfield, Narrin & Mann, Philadelphia, Pa., for appellant.

Bernard F. Conway, Charles M. Egan, Jr., Morris County Prosecutor, Morristown, N. J., O'Donnell, Clifford, Conway & Leary, Morristown, N. J., for appellee.

Before HASTIE, Chief Judge, and FREEDMAN and STAHL, Circuit Judges.

OPINION OF THE COURT

STAHL, Circuit Judge.

The principal issue in this appeal is the complete retroactivity vel non of Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964). Somewhat surprisingly the Supreme Court has not had occasion to speak directly on this aspect of Massiah, although virtually every other major decision in the area of criminal procedure has run the gauntlet of retroactive...

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