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

No. 74-2287.

519 F.2d 1356 (1975)

UNITED STATES of America ex rel. James A. GREENE v. STATE OF NEW JERSEY et al., Appellants.

United States Court of Appeals, Third Circuit.

(Initial opinion filed June 16, 1975.)

Decided July 17, 1975.


Attorney(s) appearing for the Case

Joseph D. J. Gourley, Passaic County Prosecutor, John P. Goceljak, Asst. Prosecutor, Paterson, N. J., for appellants.

Stanley C. Van Ness, Public Defender, William E. Norris, Asst. Deputy Public Defender, App. Section, East Orange, N. J., for appellee.

Before SEITZ, Chief Judge, and ALDISERT and GIBBONS, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.

The question for decision is whether the district court erred in granting a writ of habeas corpus to a state prisoner who alleged a denial of his Sixth Amendment right to an impartial jury under circumstances in which the trial judge ruled, as a matter of law, that newspaper articles describing an abortive, mid-trial attempt to plead non vult to a New Jersey murder indictment "would not affect [the jury's] deliberations...

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