LANDANO v. RAFFERTY

No. 87-5913.

856 F.2d 569 (1988)

Vincent James LANDANO, Appellant, v. John J. RAFFERTY, Superintendent, Rahway State Prison, and Irwin I. Kimmelman, Attorney General of the State of New Jersey.

United States Court of Appeals, Third Circuit.

September 9, 1988.


Attorney(s) appearing for the Case

Neil Mullin (argued), Smith, Mullin & Kiernan, P.C., West Orange, N.J., for appellant.

W. Cary Edwards, Atty. Gen. of N.J., Leslie Faye Schwartz (argued), Deputy Atty. Gen., Div. of Crim. Justice, Trenton, N.J., for appellees.

Before GIBBONS, Chief Judge, and SEITZ and HUTCHINSON, Circuit Judges.


OPINION OF THE COURT

SEITZ, Circuit Judge.

Appellant Landano appeals the order of the district court denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1982). 670 F.Supp. 570 (1987). This court has jurisdiction under 28 U.S.C. § 1291 (1982).

I. Background

In August 1976, two gunmen robbed the Hi-Way Check Cashing Service in Kearny, New Jersey. During the...

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