UNITED STATES EX REL. PETILLO v. STATE OF N. J.

Civ. A. Nos. 1252-73, 1808-73.

418 F.Supp. 686 (1976)

UNITED STATES of America ex rel. Frank PETILLO, Petitioner, v. STATE OF NEW JERSEY et al., Respondents. Angelo ALBANESE, Petitioner, v. Howard YEAGER et al., Respondents.

United States District Court, D. New Jersey.

August 25, 1976.


Attorney(s) appearing for the Case

Stanley C. Van Ness, Public Defender, Trenton, N.J., by Rosemary Karcher Reavey, Asst. Deputy Public Defender, East Orange, N.J., for petitioner Petillo.

Joseph P. Lordi, Essex County Prosecutor, Newark, N.J., by R. Benjamin Cohen, Asst. Prosecutor Atty., Newark, N.J., for respondents State of New Jersey, et al.

Noonan & Flynn, by Robert J. DeGroot, Newark, N.J., for petitioner Albanese.

Joseph P. Lordi, Essex County Prosecutor by Kenneth P. Ply, Asst. Prosecutor Atty., Newark, N.J., for respondents Howard Yeager, et al.


STERN, District Judge.

These consolidated petitions for writs of habeas corpus come before the Court on remand from the United States Court of Appeals for the Third Circuit for reconsideration in light of Stone v. Powell, ___ U.S. ___, 96 S.Ct. 3037, 49 L.Ed.2d ___ (1976), decided by the Supreme Court after oral argument was heard on these cases in the Court of Appeals. United States ex rel. Frank Petillo v....

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