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

Civ. No. 1533-71.

341 F.Supp. 268 (1972)

UNITED STATES of America ex rel. Robert SMITH, Petitioner, v. STATE OF NEW JERSEY and Beech N. Fox, Sheriff of Cape May County, New Jersey, Respondents.

United States District Court, D. New Jersey.

April 11, 1972.

Attorney(s) appearing for the Case

McGlynn, Ruprecht & Graham by Louis Ruprecht, Newark, N. J., for petitioner.

John Corino, County Pros. County of Cape May, N. J., for respondents.

OPINION AND ORDER

COHEN, District Judge:

Petitioner, Robert Smith, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241 et seq. He is presently at liberty on bail, having been released by order of this Court pending a hearing and disposition of his petition, regarding alleged deprivation of his sixth amendment rights by reason of dual representation of counsel in his municipal court trial, where he was convicted of operating a motor vehicle while...

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