STARKES v. MARKS

Civ. A. No. 80-0885.

524 F.Supp. 37 (1981)

Roddy STARKES v. Ronald MARKS, Warden, State Correctional Institution at Huntingdon, Pennsylvania.

United States District Court, E. D. Pennsylvania.

July 6, 1981.


Attorney(s) appearing for the Case

Leonard Sosnov, Defender Ass'n of Philadelphia, Philadelphia, Pa., for petitioner.


MEMORANDUM AND ORDER

BECHTLE, District Judge.

Presently before the Court is a petition for a writ of habeas corpus brought by a state prisoner pursuant to 28 U.S.C. § 2254. The petitioner, Roddy Starkes ("Starkes"), is presently incarcerated at the State Correctional Institution at Huntingdon, Pennsylvania. The petition presents the issue of whether due process requires that Pennsylvania courts select one of two approved, but differing, charges defining...

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