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NEELY v. ZIMMERMAN

No. 87-1781.

858 F.2d 144 (1988)

NEELY, Blane, Appellant, v. ZIMMERMAN, Charles H., Superintendent, and the Attorney General of the State of Pennsylvania and District Attorney of Philadelphia County.

United States Court of Appeals, Third Circuit.

Decided October 3, 1988.

Rehearing and Rehearing Denied November 7, 1988.

Attorney(s) appearing for the Case

Claire J. Rauscher, Edward H. Weis (argued), Defender Ass'n of Philadelphia, Philadelphia, Pa., for appellant.

Karen L. Grigsby (argued), Gaele McLaughlin Barthold, William G. Chadwick, Jr., Ronald D. Castille, Elizabeth J. Chambers, Dist. Atty's. Office, Philadelphia, Pa., for appellee.

Before STAPLETON and MANSMANN, Circuit Judges, and FISHER, District Judge.

Rehearing and Rehearing In Banc Denied November 7, 1988.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

A state prisoner challenges his Pennsylvania conviction in a petition for writ of habeas corpus, 28 U.S.C. § 2254(b) (1982), alleging that his constitutional right to counsel was abridged during a custodial interrogation.

We decline to consider the district court's resolution of the merits of the prisoner's claim, and, instead, affirm...

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