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DE MARTINO v. WEIDENBURNER

No. 78-2624.

616 F.2d 708 (1980)

DE MARTINO, Michael J., Appellant, v. WEIDENBURNER, Chester A., J. S. C. and John J. Degnan, the Attorney General of the State of New Jersey.

United States Court of Appeals, Third Circuit.

Decided March 5, 1980.

Attorney(s) appearing for the Case

Seymour Margulies (argued), Richard R. Uslan, Brigadier & Margulies, Jersey City, N. J., for appellant.

Peter H. Brennan (argued), Deputy Atty. Gen., Div. of Crim. Justice, App. Section, Princeton, N. J., John J. Degnan, Atty. Gen., State of New Jersey, Trenton, N. J., for appellees.

Before GIBBONS, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This is an appeal from a denial of a petition for a writ of habeas corpus. The appellant, Michael De Martino, argues that he was denied due process because of the prosecution's suppression of evidence that allegedly would have impeached a key witness. He also argues that the state and district courts' denials of his request for an evidentiary hearing on the issues of suppressed and newly discovered...

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