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

Nos. 18410, 18498.

438 F.2d 1343 (1971)

UNITED STATES of America ex rel. Anthony RUSSO, Appellant, v. The STATE OF NEW JERSEY and the Principal Keeper of the State Prison at Trenton, New Jersey. UNITED STATES of America ex rel. Frank BISIGNANO, Appellant, v. The STATE OF NEW JERSEY and the Principal Keeper of the State Prison at Trenton, New Jersey.

United States Court of Appeals, Third Circuit.

Decided March 12, 1971.

Attorney(s) appearing for the Case

Irving I. Vogelman, Jersey City, N. J., argued for appellant Russo in No. 18,-410 (Raymond A. Brown, Jersey City, N. J., on the brief).

Richard F. Plechner, Metuchen, N. J., argued for appellant Bisignano in No. 18,498.

George N. Pappas, Asst. Prosecutor, Newark, N. J., for appellee (Joseph P. Lordi, Essex County Prosecutor, Newark, N. J., on the brief).

Before GANEY and ADAMS, Circuit Judges, and WEIS, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

In 1961 Anthony Russo and Frank Bisignano were found guilty of murder in the first degree and were sentenced to death by a New Jersey State Court. Russo and Bisignano petitioned for writs of habeas corpus in the District Court of the District of New Jersey. The District Court denied the petitions and subsequently a panel of this Court reviewed the judgments of the District Court. United States ex rel. Russo v. New...

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