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

No. 17837.

423 F.2d 537 (1970)

UNITED STATES of America ex rel. John Louis MERTZ, Appellant, v. STATE OF NEW JERSEY.

United States Court of Appeals, Third Circuit.

Decided March 26, 1970.


Attorney(s) appearing for the Case

John L. Mertz, pro se.

Abel Goldstein, Asst. Prosecutor, Jersey City, N. J. (James A. Tumulty, Jr., Prosecutor of Hudson County, Jersey City, N. J., on the brief), for appellee.

Before McLAUGHLIN, FREEDMAN and ADAMS, Circuit Judges.


OPINION OF THE COURT

FREEDMAN, Circuit Judge.

In this habeas corpus case petitioner attacks his state court conviction of armed robbery. His conviction was affirmed by the Appellate Division of the New Jersey Superior Court, and the Supreme Court of New Jersey denied a certification for appeal.

The district court denied the petition for habeas corpus on a review of the state record without holding an evidentiary...

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