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MARTINI v. HENDRICKS

No. 02-9005.

348 F.3d 360 (2003)

John MARTINI, Sr., Appellant v. Roy L. HENDRICKS, Administrator, New Jersey State Prison; Peter C. Harvey, Acting Attorney General, State of New Jersey.

United States Court of Appeals, Third Circuit.

Filed October 22, 2003.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender of New Jersey, Mark H. Friedman (Argued), Assistant Deputy Public Defender, Theresa Yvette Kyles, Assistant Deputy Public Defender, Office of the Public Defender, Department of the Public Advocate, Newark, NJ, Alan L. Zegas, Patricia A. Lee, Chatham, NJ, for Appellant.

John L. Molinelli, Bergen County Prosecutor, Catherine A. Foddai (Argued), Assistant Prosecutor, Hackensack, NJ, for Appellees.

Before ROTH, BECKER and COWEN, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal from the order of the District Court denying the petition of John Martini, Sr. for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254(a). Martini was convicted of first-degree murder and related offenses in connection with the disappearance and death of Irving Flax, a Fairlawn, New Jersey businessman. Flax was forcibly taken from his home...

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