CHESIMARD v. KUHLTHAU

Crim. No. 74-18.

370 F.Supp. 473 (1974)

Joanne Deborah CHESIMARD and Clark Edward Squire, Petitioners, v. Hon. John S. KUHLTHAU, County Prosecutor, Middlesex County, Respondent.

United States District Court, D. New Jersey.

February 7, 1974.


Attorney(s) appearing for the Case

Brown, Vogelman & Ashley by Raymond A. Brown, Jersey City, N. J., for defendants-petitioners.

Charles T. McKinney, New York City, for defendant-petitioner Clark E. Squire.

Evelyn A. Williams, New York City, for defendant-petitioner Joanne D. Chesimard.

C. Judson Hamlin, First Asst. Pros., Middlesex Co., and Nicholas J. Stroumtsos, Asst. Pros., Middlesex Co., for respondent.


OPINION

STERN, District Judge:

This is an action, pursuant to 28 United States Code, Section 1443, to remove a state criminal prosecution from the Superior Court of Morris County to the United States District Court.

In May of 1973, a State Grand Jury sitting in Middlesex County returned an eight-count indictment against the defendants, here petitioners, charging them, inter alia, with murder, felony murder, and assault with intent to kill...

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