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CABRERA v. BARBO

No. 98-6090.

175 F.3d 307 (1999)

Alvaro CABRERA, Appellant, v. James BARBO, Administrator of Northern State Prison; The Attorney General of the State of New Jersey, Peter Verniero.

United States Court of Appeals, Third Circuit.

Filed April 30, 1999.

Attorney(s) appearing for the Case

Ivelisse Torres, New Jersey Public Defender, Lon Taylor (argued), Assistant Deputy Public Defender, Office of Public Defender, Appellate Section, Newark, NJ, for Appellant.

Ronald S. Fava, Passaic County Prosecutor, Gary H. Schlyen (argued), Chief Assistant Prosecutor, Office of County Prosecutor, Paterson, NJ, for Appellees.

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

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter comes on before this court on appeal from an order entered April 30, 1998, denying relief to the petitioner, Alvaro Cabrera, in this habeas corpus action under 28 U.S.C. § 2254. We set forth the background of the case in some detail. A Passaic County, New Jersey, grand jury indicted Cabrera for first degree armed robbery with a handgun, N.J.Stat.Ann. § 2C:15-1...

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