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UNITED STATES EX REL. MERRITT v. VUKCEVICH

Civ. No. 1557-71.

339 F.Supp. 779 (1972)

UNITED STATES of America ex rel. George MERRITT, Jr., and Gail Madden, Petitioners, v. Samuel VUKCEVICH, Superintendent, Rahway State Prison, and Marilyn Davenport, Superintendent, Clinton Correctional Institution for Women, Respondents.

United States District Court, D. New Jersey.

February 25, 1972.

Attorney(s) appearing for the Case

William J. Bender, Constitutional Litigation Clinic, Newark, N. J., for petitioners.

Karl Asch, Prosecutor, Elizabeth, N. J., for respondents.

MEMORANDUM and ORDER

SHAW, District Judge.

Petitioners seek the issuance of a writ of habeas corpus pursuant to the provisions of 28 U.S.C. 2241(c) (3) alleging that each is incarcerated pending trial and has been denied the right to bail.

Petitioners were indicted in Union County, New Jersey, on a murder charge and were convicted on a jury verdict of first degree murder. Upon recommendation of the jury, each of petitioners was sentenced to life...

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