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UNITED STATES EX REL. PHELAN v. BRIERLEY

No. 18880.

453 F.2d 73 (1971)

UNITED STATES of America ex rel. Frank PHELAN, Appellant, v. Joseph R. BRIERLEY, Warden, State Correctional Institution, Philadelphia, Pennsylvania.

United States Court of Appeals, Third Circuit.

Reargued May 11, 1971.

Decided October 26, 1971.

Attorney(s) appearing for the Case

Abraham J. Brem Levy, Philadelphia, Pa. (John A. Papola, Court-appointed, Peter J. Liacouras, Philadelphia, Pa., on the brief), for appellant.

James D. Crawford, Deputy Dist. Atty., Chief Appeals Div., Philadelphia, Pa. (Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa., on the brief), for appellee.

Before HASTIE, Chief Judge, and SEITZ, VAN DUSEN, ALDISERT, ADAMS, GIBBONS and ROSENN, Circuit Judges.

Argued Dec. 17, 1970

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

Reargued May 11, 1971

Before HASTIE, Chief Judge, and SEITZ, VAN DUSEN, ALDISERT, ADAMS, GIBBONS and ROSENN, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

In this case, petitioner, a state prisoner attacks his convictions for first-degree murder and conspiracy to murder, principally...

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