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UNITED STATES EX REL. LOPINSON v. MARKS

Civ. A. No. 74-3143.

409 F.Supp. 683 (1976)

UNITED STATES ex rel. Jack LOPINSON F-0276 v. Ronald MARKS, Superintendent, State Correctional Institution at Graterford.

United States District Court, E. D. Pennsylvania.

March 8, 1976.

Attorney(s) appearing for the Case

Oscar Spivack, A. Charles Peruto, Philadelphia, Pa., for relator.

F. Emmett Fitzpatrick, Dist. Atty., Bonnie B. Leadbetter, Deborah Glass, Asst. Dist. Attys., Philadelphia, Pa., for defendant.

OPINION

JOSEPH S. LORD, III, Chief Judge.

In 1965, a jury found relator guilty of the murders of his wife, and business partner. His accomplice Frank Phelan, pleaded guilty to both murders and was the principal witness against relator. The petition alleges ten grounds in support of relief. The United States Magistrate concluded that all ten grounds were without merit and recommended dismissal of the petition without hearing. As to eight of these,

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