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BRAUNSKILL v. HILTON

No. 86-5204.

824 F.2d 285 (1987)

Dana BRAUNSKILL v. Gary HILTON, Warden and State of New Jersey. Appeal of W. Cary EDWARDS, Attorney General of the State of New Jersey, et al.

United States Court of Appeals, Third Circuit.

July 29, 1987.

Attorney(s) appearing for the Case

Mark H. Friedman, Asst. Deputy Public Defender, Thomas S. Smith, Jr., Acting Public Defender, Jacqueline E. Turner (on motion), Office of the Public Defender, East Orange, N.J., for appellee.

Allan J. Nodes, W. Cary Edwards, Atty. Gen. of N.J., Raymond S. Gurak (on motion), Deputy Atty. Gen., Div. of Criminal Justice, Appellate Section, Trenton, N.J., for appellants.

Before HIGGINBOTHAM, SLOVITER and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge:

In 1981, Dana Braunskill was convicted in the Superior Court of New Jersey Law Division of sexual assault and other charges. His petition for habeas corpus was granted by the United States District Court for the District of New Jersey. That court ordered that the writ issue unless the state retried Braunskill within thirty days. The State moved to stay that order pending...

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