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TODARO v. FULCOMER

No. 90-3756.

944 F.2d 1079 (1991)

Dante TODARO # AJ-1779, Appellant, v. Thomas A. FULCOMER; Ernest D. Preate, Jr.; and Somerset District Attorney's Office.

United States Court of Appeals, Third Circuit.

Decided September 10, 1991.

Rehearing Denied October 9, 1991.

Attorney(s) appearing for the Case

Thomas S. White and Dennis M. Stefan, Office of Federal Public Defender, Pittsburgh, Pa., for appellant.

Carolann A. Young, Asst. Dist. Atty., Somerset County, Somerset, Pa., for appellee Somerset County Dist. Attorney's Office.

Before MANSMANN, NYGAARD and ROSENN, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) May 8, 1991.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal from the denial of a petition for a writ of habeas corpus requires us to decide whether the presumption that state court factual findings are correct should be rejected because the factfinding procedure employed by the state court did not adequately afford a full and fair hearing. Defendant, Dante Todaro, convicted of burglary and other various...

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