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WISE v. FULCOMER

No. 90-1903.

958 F.2d 30 (1992)

Joseph WISE, Appellant, v. Thomas A. FULCOMER, Superintendent; the Attorney General of the State of Pennsylvania; Ronald D. Castille, District Attorney for Philadelphia County.

United States Court of Appeals, Third Circuit.

Decided February 24, 1992.

Attorney(s) appearing for the Case

Steven A. Morley (argued), Morley & Farber, Philadelphia, Pa., for appellant.

Hugh J. Burns, Jr. (argued), Elizabeth J. Chambers, Office of Dist. Atty., Philadelphia, Pa., for appellee Ronald D. Castille, Dist. Atty. for Phila. County.

Before STAPLETON, SCIRICA and ROTH, Circuit Judges

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Joseph Wise seeks habeas corpus relief under 28 U.S.C. § 2254. His habeas corpus petition raises various procedural and constitutional objections to his conviction for robbery and related offenses. The Commonwealth of Pennsylvania challenged Wise's petition on the ground that it constitutes an abuse of the writ. The district court dismissed the petition for failure to exhaust state remedies. Because we believe...

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