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LANDANO v. RAFFERTY

Nos. 91-5336, 91-5337 and 92-5357.

970 F.2d 1230 (1992)

Vincent James LANDANO v. John J. RAFFERTY, Superintendent, Rahway State Prison, Irwin I. Kimmelman, Attorney General of the State of New Jersey. State of New Jersey, John J. Rafferty, Superintendent, East New Jersey State Prison, Robert Del Tufo, Attorney General of State of New Jersey, Appellants. 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; Kearny Police Department, Newark Police Department, Jersey City Police Department, and Perth Amboy Police Department, State of New Jersey, John J. Rafferty, Superintendent East New Jersey State Prison, Robert Del Tufo, Attorney General of State of New Jersey, Appellants. John J. RAFFERTY, Superintendent, East New Jersey State Prison, and Robert Del Tufo, Attorney General of the State of New Jersey, Appellants, v. Vincent James LANDANO.

United States Court of Appeals, Third Circuit.

Decided July 16, 1992.

Rehearing and Rehearing Denied August 11, 1992.

Attorney(s) appearing for the Case

Susan B. Gyss (argued), Jeffrey Ziegelheim, Asst. Prosecutors, Paul M. De Pascale, Prosecutor of Hudson County, Office of Hudson County Prosecutor, Jersey City, N.J., for appellants.

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

Before: SLOVITER, Chief Judge, SCIRICA and ROTH, Circuit Judges.

Rehearing and Rehearing In Banc Denied August 11, 1992.

OPINION OF THE COURT

SLOVITER, Chief Judge.

This is the fourth time that this court has before it an aspect of the efforts by plaintiff-petitioner Vincent James Landano seeking a writ of habeas corpus awarding a new trial. Landano was convicted in 1977 in New Jersey state court on a charge of felony murder of a police officer during the course of the robbery of a check-cashing establishment...

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