KONTAKIS v. BEYER

Nos. 93-5178, 93-5198.

19 F.3d 110 (1994)

Nicholas KONTAKIS v. Howard L. BEYER; Attorney General of the State of New Jersey, Robert J. Del Tufo. Howard L. Beyer, and Robert J. Del Tufo, Appellants. Nicholas KONTAKIS, Appellant, v. Howard L. BEYER; Attorney General of the State of New Jersey, Robert J. Del Tufo.

United States Court of Appeals, Third Circuit.

Decided March 11, 1994.

Sur Petition for Rehearing April 8, 1994.


Attorney(s) appearing for the Case

John Vincent Saykanic (argued), Clifton, NJ, for Nicholas Kontakis.

Robert J. Del Tufo, Attorney General of New Jersey, Linda K. Danielson (argued), Deputy Attorney General, Trenton, NJ, for Howard L. Beyer and Robert J. Del Tufo.

Before: GREENBERG and ROTH, Circuit Judges, and POLLAK, District Judge.


OPINION OF THE COURT

GREENBERG, Circuit Judge.

By an order entered on February 16, 1993, as amended by an order entered on March 8, 1993, the district court granted Nicholas Kontakis' petition for a writ of habeas corpus, finding that under Humanik v. Beyer, 871 F.2d 432 (3d Cir.), cert. denied, 493 U.S. 812, 110 S.Ct. 57, 107 L.Ed.2d 25 (1989), the state trial court's jury instructions in his murder trial...

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