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CERBO v. FAUVER

No. 79-2248.

616 F.2d 714 (1980)

John CERBO, Appellant, v. William H. FAUVER, and Attorney General of the State of New Jersey.

United States Court of Appeals, Third Circuit.

Decided March 13, 1980.

Attorney(s) appearing for the Case

Thomas S. Higgins, First Asst. Federal Public Defender (argued), Newark, N. J., for appellant.

John J. Degnan, Atty. Gen. of N. J., Trenton, N. J., William F. Lamb, Deputy Atty. Gen. (argued), Div. of Crim. Justice, Appellate Section, Princeton, N. J., for appellee.

Before ROSENN and SLOVITER, Circuit Judges, and LAYTON, District Judge.

OPINION OF THE COURT

ROSENN, Circuit Judge.

Appellant John Cerbo appeals from a decision of the United States District Court for the District of New Jersey, denying without an evidentiary hearing his habeas corpus petition brought under 28 U.S.C. § 2254 (1976).1 In his petition, Cerbo charged, inter alia, that he had been denied his sixth amendment right to the effective assistance of counsel in his direct appeal...

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