UNITED STATES EX REL. RIFFERT v. RUNDLE

No. 71-1652.

464 F.2d 1348 (1972)

UNITED STATES of America ex rel. James R. RIFFERT, Appellant, v. Alfred T. RUNDLE, Superintendent.

United States Court of Appeals, Third Circuit.

Decided July 11, 1972.


Attorney(s) appearing for the Case

Herbert K. Fisher, Bloom, Ocks & Fisher, Philadelphia, Pa., for appellant.

Michael Luber, Asst. Atty. Gen., Dante Mattioni, Deputy Atty. Gen., E. Pennsylvania, J. Shane Creamer, Atty. Gen., Philadelphia, Pa., for appellee.

Before STALEY, ALDISEXT and HUNTER, Circuit Judges.


OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

James Riffert was convicted in the criminal courts of Clinton County, Pennsylvania, on charges of burglary, larceny, robbery, and assault and battery. After exhausting his state remedies, appellant filed a petition for a writ of habeas corpus in the United States District Court for the Middle District of Pennsylvania. The petition was denied without a hearing.

In this appeal, Riffert raises three...

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