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ZICARELLI v. DIETZ

No. 79-1722.

633 F.2d 312 (1980)

Joseph ZICARELLI, Appellant v. Christopher DIETZ, Chairman, New Jersey Parole Board and Sally G. Carroll, Associate Member, New Jersey Parole Board.

United States Court of Appeals, Third Circuit.

Decided September 9, 1980.

Certiorari Denied January 12, 1981.

Attorney(s) appearing for the Case

Harvey Weissbard (argued), Isles, Newman & Weissbard, West Orange, N. J., for appellant.

John J. Degnan, Atty. Gen. of New Jersey, Peter Brennan (argued), Deputy Atty. Gen., Division of Criminal Justice, App. Section, Princeton, N. J., for appellee.

Before GIBBONS, HIGGINBOTHAM and SLOVITER, Circuit Judges.

Certiorari Denied January 12, 1981. See 101 S.Ct. 868.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Appellant claims that because his trial in state court took place in a county in which the crime was not committed, with a jury drawn from that county, two requirements of the Sixth Amendment were violated, the requirement that the jury must be drawn from a fair cross section of the community and the requirement that the defendant be...

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