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SANTANA v. FENTON

No. 81-2579.

685 F.2d 71 (1982)

Rene SANTANA, Appellee, v. Peter FENTON, Superintendent, Rahway State Prison and The Attorney General of the State of New Jersey, Appellants.

United States Court of Appeals, Third Circuit.

Decided July 23, 1982.

Attorney(s) appearing for the Case

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

David A. Ruhnke, Asst. Federal Public Defender, D. N. J., Newark, N. J. (argued), for appellee.

Before SEITZ, Chief Judge, and SLOVITER and BECKER, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

The State of New Jersey appeals from the district court's order conditionally granting Rene Santana's petition for a writ of habeas corpus. This court has jurisdiction under 28 U.S.C. § 1291 (1976).

I.

Santana was convicted in state court of a felony-murder occurring during an attempted robbery in Newark, New Jersey. Santana's conviction was modified and affirmed by the New Jersey Appellate...

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