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HARRIS v. RICCI

No. 09-2562.

607 F.3d 92 (2010)

Ambrose A. HARRIS, Appellant v. * Michelle R. RICCI, Administrator, New Jersey State Prison; Attorney General of the State of New Jersey. * (Substituted 3/31/10 pursuant to Rule 43(c), Fed. R.App. P.).

United States Court of Appeals, Third Circuit.

Filed: June 3, 2010.

Attorney(s) appearing for the Case

Carl J. Herman, West Orange, N.J., James K. Smith, Jr., (Argued), Office of Public Defender, Newark, N.J., for Appellant.

Daniel I. Bornstein, (Argued), Office of Attorney General of New Jersey, Trenton, N.J., for Appellee.

Before: SLOVITER and HARDIMAN, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Before and during his state court trial for capital murder, Ambrose Harris was the subject of numerous inflammatory articles in two local newspapers, the Trentonian and the Trenton Times. Ultimately, the court presumed prejudicial pretrial publicity. Harris moved for a change of venue or, in the alternative, for a jury from another county (a "foreign jury"). The trial court adopted the alternative...

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