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

No. 73-1576.

492 F.2d 1307 (1974)

UNITED STATES of America ex rel. Henry McNAIR #48970 v. STATE OF NEW JERSEY, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 5, 1974.


Attorney(s) appearing for the Case

William J. Bender, Rita L. Bender, David J. Popiel, Law Student, Rutgers Urban Legal Clinic, Newark, N. J., for appellee.

Joseph P. Lordi, Essex County Prosecutor, R. Benjamin Cohen, Harry Robinson, III, Asst. Prosecutors, for appellant.

Before ADAMS, HUNTER and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

This appeal presents the question of whether it was proper to grant a writ of habeas corpus to a state petitioner, without a hearing, solely on the basis of the state record which is inadequate in several crucial respects. We conclude that the district court erred in so doing and that it should have afforded the state an opportunity to request an evidentiary hearing.

Petitioner was convicted by the state...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases