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STATE v. AIKENS

950 A.2d 911 (2008)

401 N.J. Super. 298

STATE of New Jersey, Plaintiff-Appellant, v. Murray AIKENS and Anthony Brown, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 2008.

Attorney(s) appearing for the Case

Howard A. McGinn, Deputy First Assistant Prosecutor, argued the cause for appellant (Thomas S. Ferguson, Warren County Prosecutor, attorney; Dit Mosco, Assistant Prosecutor, of counsel; Mr. McGinn, on the brief).

Thomas C. Pluciennik, Designated Counsel, argued the cause for respondent Murray Aikens (Yvonne Smith Segars, Public Defender, attorney; Mr. Pluciennik, on the brief).

Michael A. Priarone, Designated Counsel, argued the cause for respondent Anthony Brown (Yvonne Smith Segars, Public Defender, attorney; Mr. Priarone, on the brief).

Before Judges SKILLMAN, WINKELSTEIN and LeWINN.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The primary issue presented by this appeal is whether members of the United States Marshals Service are authorized to arrest a fugitive who they have reason to believe has fled from one state to another to avoid prosecution. We conclude that such flight constitutes a violation of the Federal Fugitive Felon Act, 18 U.S.C.A. § 1073, and that United States Marshals are authorized to make...

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