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LANDANO v. RAFFERTY

Nos. 89-5504, 89-5625 and 89-5638.

897 F.2d 661 (1990)

Vincent James LANDANO, Respondent, v. John J. RAFFERTY, Superintendent, (East Jersey State Prison), Peter Perretti, (Attorney General, State of New Jersey), Leslie Fay Schwartz, (Deputy Attorney General), The Office of the Hudson County Prosecutor, Kearney Police Department, Newark Police Department, Jersey City Police Department and Perth Amboy Police Department, Petitioners No. 89-5504, Honorable H. Lee Sarokin, U.S. District Court Judge, Nominal Respondent. Vincent James LANDANO v. John J. RAFFERTY, Superintendent, Rahway State Prison, and Irwin I. Kimmelman, Attorney General of the State of New Jersey. Vincent James LANDANO v. John J. RAFFERTY, Superintendent (East Jersey State Prison), Peter Perretti, (Attorney General, State of New Jersey), Leslie Fay Schwartz, (Deputy Attorney General), the Office of the Hudson County Prosecutor, Kearney Police Department, Newark Police Department, Jersey City Police Department and Perth Amboy Police Department. Appeal of John J. RAFFERTY, Superintendent, East Jersey State Prison, and Peter N. Perretti, Jr., Attorney General of New Jersey, in Nos. 89-5625 and 89-5638.

United States Court of Appeals, Third Circuit.

Decided February 27, 1990.

As Amended March 1, 1990.

Rehearing and Rehearing Denied April 3, 1990.

Attorney(s) appearing for the Case

Peter N. Perretti, Jr., Atty. Gen. of N.J., Richard J. Hughes Justice Complex, Trenton, N.J., for appellants.

Carol M. Henderson (argued), Catherine A. Foddai, Richard W. Berg, Deputy Attys. Gen., Div. of Criminal Justice, Appellate Section, Trenton, N.J., for petitioners-appellants.

Nancy Erika Smith (argued), Neil Mullin, Kevin Kiernan, Jon W. Green, Smith, Mullin & Kiernan, West Orange, N.J., for respondent-appellee.

Before HUTCHINSON, COWEN and ROSENN, Circuit Judges.

Rehearing and Rehearing In Banc Denied April 3, 1990.

OPINION OF THE COURT

COWEN, Circuit Judge.

The various appellants-petitioners in this action, whom we will refer to collectively as "the State of New Jersey," appeal an order of the district court conditionally granting the petition of Vincent James Landano ("Landano") for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1982). The writ was issued incident to Landano's successful motion...

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