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MOORE v. MORTON

No. 98-5429.

255 F.3d 95 (2001)

Clarence MOORE, Appellant, v. Willis MORTON, Administrator; Peter G. Verniero, Attorney General of the State of New Jersey.

United States Court of Appeals, Third Circuit.

Filed: June 22, 2001.

Attorney(s) appearing for the Case

Paul J. Casteleiro, Esquire (Argued), 86 Hudson Street, Hoboken, New Jersey 07030, Attorney for Appellant.

Nancy A. Hulett, Esquire (Argued), Office of Attorney General of New Jersey, Department of Law & Public Safety, Division of Criminal Justice, Appellate Bureau, P.O. Box 086, Richard J. Hughes Justice Complex Trenton, New Jersey 08625, Attorney for Appellees.

Before: SCIRICA, RENDELL and GREENBERG, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Clarence Moore, who was convicted of rape and robbery and sentenced as a persistent offender to life imprisonment with twenty-five years of parole ineligibility, appeals from the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The principal issue at trial was the identity of the rapist. The principal evidence was the victim's post-hypnotic identification. The state prosecutor made...

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