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RAMSEUR v. BEYER

No. 90-5333.

983 F.2d 1215 (1992)

Thomas C. RAMSEUR, Appellant, v. Howard C. BEYER, Superintendent, New Jersey State Prison, Robert Del Tufo, New Jersey Attorney General.

United States Court of Appeals, Third Circuit.

Reargued September 10, 1992.

Decided December 31, 1992.

Attorney(s) appearing for the Case

Matthew Astore (argued), State of N.J., Dept. of the Public Advocate, Office of the Public Defender, Newark, N.J., for appellant.

Hilary L. Brunell (argued), Legal Asst., Appellate Section, Office of the County Prosecutor, Newark, N.J., for appellee.

Before, SLOVITER, Chief Judge, and STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, and ROTH, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge.

During the selection of the grand jury which indicted appellant, Thomas Ramseur, the assignment judge, through statements and actions, treated certain African-American members of the venire differently because of their race. There is, however, nothing in the record to indicate any actual exclusion from appellant's grand jury of African-American jurors on account of their race. This appeal requires us to address the...

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