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SISTRUNK v. LYONS

No. 80-1649.

646 F.2d 64 (1981)

SISTRUNK, Edward, Appellant, v. Edmund LYONS and the Attorney General of the State of Pennsylvania and District Attorney of Phila. County.

United States Court of Appeals, Third Circuit.

Decided March 31, 1981.

Attorney(s) appearing for the Case

William James (argued), Louis Lipschitz, Philadelphia, Pa., for appellant.

Michael F. Henry, Chief, Motion Unit, Steven H. Goldblatt (argued), Deputy Dist. Atty., Edward G. Rendell, Dist. Atty., Philadelphia, Pa., for appellees.

Before ADAMS and SLOVITER, Circuit Judges, and BROTMAN District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal, by a state prisoner charged with first degree murder, presents two primary issues. First, does a federal court have jurisdiction over a petition for habeas corpus based on a challenge to excessive bail or the refusal to set bail? Second, how should a federal court deal with a prisoner's habeas corpus petition when it is not clear whether the highest state court imposed excessive bail or refused bail...

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