STATE OF N.J. EX REL. KUDISCH v. OVERBECK

Civ. A. No. 85-1714.

618 F.Supp. 196 (1985)

The STATE OF NEW JERSEY on the Relation of Alan E. KUDISCH on the Behalf of Julio VARGAS, Petitioner, v. Albert A. OVERBECK, Warden, Hudson County Jail, and Irwin I. Kimmelman, Attorney General of the State of New Jersey, Respondents.

United States District Court, D. New Jersey.

September 4, 1985.


Attorney(s) appearing for the Case

Fishman & Kudisch by Alan E. Kudisch, Kew Gardens, N.Y., for petitioner.

Irwin I. Kimmelman, Atty. Gen. of N.J. by Mildred Vallerini Spiller, Deputy Atty. Gen., Trenton, N.J., for respondents.


OPINION

CLARKSON S. FISHER, Chief Judge.

Julio Vargas, convicted of conspiracy to commit aggravated arson, making payment for the purpose of starting a fire, and reckless endangerment by arson, has filed a petition for a writ of habeas corpus. Although the petition is grounded on three arguments, the parties and the court have focused on the issue of whether the prosecutor's failure to inform the Grand Jury of exculpatory evidence of which he was...

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