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SULLIVAN v. CUYLER

Nos. 82-1829, 83-1040.

723 F.2d 1077 (1983)

SULLIVAN, John v. CUYLER, Julius T., Superintendent, Graterford State Correctional Institution and District Attorney of Philadelphia County. Appeal of Julius T. CUYLER and the District Attorney of Philadelphia County. SULLIVAN, John v. CUYLER, Julius T., Superintendent, Graterford State Correctional Institution and District Attorney of Philadelphia County Appeal of John SULLIVAN.

United States Court of Appeals, Third Circuit.

Decided December 8, 1983.

Rehearing and Rehearing Denied January 12, 1984.

Attorney(s) appearing for the Case

Kenneth S. Gallant (argued), Michael Clarke, Leslie Anne Sudock, Asst. Dist. Attys., Eric B. Henson, Deputy Dist. Atty., Edward G. Rendell, Dist. Atty. of Philadelphia, Philadelphia, Pa., for appellants, cross-appellees, Cuyler, et al.

Marilyn J. Gelb (argued), Jeremy C. Gelb, Philadelphia, Pa., for appellee, cross-appellant, Sullivan.

Before ALDISERT, HUNTER and WEIS, Circuit Judges.

Rehearing and Rehearing In Banc Denied January 12, 1984.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Two primary questions are presented by this appeal and cross appeal from the district court's conditional grant of a state prisoner's petition for writ of habeas corpus: (1) whether there was sufficient evidence to support petitioner's conviction for first degree murder; and (2) whether representation...

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