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MORRISON v. KIMMELMAN

Civ. A. No. 83-1428.

579 F.Supp. 796 (1984)

Neil MORRISON, Petitioner, v. Irwin I. KIMMELMAN, Attorney General of New Jersey; and John J. Rafferty, Superintendent, Rahway State Prison, Respondents.

United States District Court, D. New Jersey.

As Amended February 2, 1984.

Attorney(s) appearing for the Case

Sweeney, Bozonelis, Staehle & Woodward by William E. Staehle, Chatham, N.J., for petitioner.

Irwin I. Kimmelman, Atty. Gen. of N.J. by Arlene R. Weiss, Deputy Atty. Gen., Div. of Crim. Justice, Appellate Section, Trenton, N.J., for respondents.

OPINION

STERN, District Judge.

In this petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, petitioner Neil Morrison challenges the constitutionality of his confinement at New Jersey State Prison at Rahway on three grounds.1 First, petitioner contends that the warrantless search of his apartment and seizure of certain evidence submitted at trial by the prosecution violated his fourth and fourteenth amendment...

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