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BONTEMPO v. FENTON

No. 81-3016.

692 F.2d 954 (1982)

Joseph BONTEMPO, Appellee, v. Peter FENTON, Warden, Rahway State Penitentiary, and James R. Zazzali, Attorney General of the State of New Jersey, Appellants.

United States Court of Appeals, Third Circuit.

Decided November 16, 1982.

Rehearing and Rehearing Denied December 10, 1982.

Certiorari Denied March 28, 1983.

Attorney(s) appearing for the Case

Hillary L. Brunell (argued), Asst. Prosecutor, Irwin I. Kimmelman, Atty. Gen. of New Jersey, George L. Schneider, Essex County Prosecutor, Newark, N.J., for appellants.

Roger A. Lowenstein (argued), Philip Rosenbach, Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan, P.C., Roseland, N.J., for appellee.

Before GIBBONS, WEIS and SLOVITER, Circuit Judges.

Rehearing and Rehearing In Banc Denied December 10, 1982.

Certiorari Denied March 28, 1983. See 103 S.Ct. 1506.

OPINION OF THE COURT

WEIS, Circuit Judge.

A state trial judge took the unusual step of permitting a defendant who had not testified to deliver a summation to the jury in addition to that made by his counsel. On rebuttal, the prosecution pointed out the defendant's failure to discuss crucial elements of the case. In this habeas corpus...

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