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BIBBY v. TARD

No. 83-5022.

741 F.2d 26 (1984)

Samuel George BIBBY, Appellant, v. Elijah TARD, Jr., and Irwin Kimmelman, Attorney General of the State of New Jersey, Appellee.

United States Court of Appeals, Third Circuit.

Decided August 3, 1984.

As Amended August 15, 1984.

Attorney(s) appearing for the Case

Anthony J. DeLellis (argued), Trenton, N.J., for appellant.

Irwin I. Kimmelman, Atty. Gen. of the State of N.J., Anne Paskow (argued), Frank M. Gennaro, Deputy Attys. Gen., Div. of Crim. Justice, Appellate Section, Trenton, N.J., for appellee.

Before GARTH and SLOVITER, Circuit Judges and NEAHER, District Judge.

OPINION OF THE COURT

GARTH, Circuit Judge.

Samuel George Bibby, the petitioner, appeals from the district court's denial of his petition for a writ of habeas corpus. We find merit in his petition, and we will therefore reverse and remand to the district court with directions to hold an evidentiary hearing.

I.

Bibby was indicted, along with Gerald Douglas Jefferson, on December 28, 1979 by a Monmouth...

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