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HACKETT v. MULCAHY

Civ. A. No. 78-2529.

493 F.Supp. 1329 (1980)

Mims HACKETT, Petitioner, v. Robert E. MULCAHY, and the Attorney General of the State of New Jersey, Respondents.

United States District Court, D. New Jersey.

July 31, 1980.

Attorney(s) appearing for the Case

John F. McMahon, Federal Public Defender, by David A. Ruhnke, Asst. Federal Public Defender, Newark, N. J., for petitioner.

Donald S. Coburn, Essex County Prosecutor, by John S. Redden and Gage Andretta, Asst. Essex County Prosecutors, Newark, N. J., for respondents.

OPINION

STERN, District Judge.

In this petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, this Court must address an issue which the Supreme Court has twice declined to decide1 — whether a notice of alibi statute may be enforced by the exclusion of potentially exculpatory evidence. Petitioner Mims Hackett was convicted of kidnapping in New Jersey state...

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