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U. S. EX REL. CLEVELAND v. WARDEN, N. J. STATE PRISON

No. 75-2004.

544 F.2d 1200 (1976)

UNITED STATES of America ex rel. James Willie CLEVELAND 28598, Appellant, v. WARDEN, NEW JERSEY STATE PRISON.

United States Court of Appeals, Third Circuit.

Reassigned September 16, 1976.

Decided November 11, 1976.

Attorney(s) appearing for the Case

Robert J. Schmitt, Jr., Aronsohn, Kahn & Springstead, Hackensack, N. J., for appellant.

Burrell Ives Humphreys, Passaic County Prosecutor, Paterson, N. J., for appellee; John P. Goceljak, Asst. Prosecutor, of counsel.

Before ADAMS and HUNTER, Circuit Judges, and SCHWARTZ, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

In this appeal from a denial of a writ of habeas corpus, the primary issue is whether a state court, in failing to provide petitioner, James Willie Cleveland, with a free transcript of his trial in effect aborted his opportunity for appeal and thus violated his equal protection rights.1

I.

Cleveland was convicted of first degree murder in the Passaic County (N.J.) Court...

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