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BISACCIA v. ATTORNEY GENERAL OF STATE OF N. J.

No. 79-2040.

623 F.2d 307 (1980)

BISACCIA, Robert, Appellant, v. The ATTORNEY GENERAL OF the STATE OF NEW JERSEY.

United States Court of Appeals, Third Circuit.

Decided June 12, 1980.

Attorney(s) appearing for the Case

Allen C. Marra (argued), Millburn, N. J., for appellant.

John J. Degnan, Atty. Gen., Trenton, N. J., Donald S. Coburn, Prosecutor, Essex County, Steven J. Kaflowitz (argued), Asst. Prosecutor, Essex County, Newark, N. J., for appellee.

Before SEITZ, Chief Judge, HIGGINBOTHAM, Circuit Judge and SIMMONS, District Judge.

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 district court held that the appellant had failed to satisfy the "exhaustion of state remedies" requirement of 28 U.S.C. § 2254(b) and had failed to demonstrate a constitutional violation as required by 28 U.S.C. § 2254(a). We disagree with both of these conclusions and therefore will reverse.

I...

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