URCINOLI v. CATHEL

No. 06-4028.

546 F.3d 269 (2008)

Louis P. URCINOLI, Appellant v. Ronald H. CATHEL, Superintendent; Attorney General of the State of New Jersey; Ocean County Prosecutor's Office.

United States Court of Appeals, Third Circuit.

Opinion Filed: November 7, 2008.


Attorney(s) appearing for the Case

David R. Fine, Esq. (Argued), Kirkpatrick & Lockhart Preston Gates Ellis, Harrisburg, PA, for Appellant.

Roberta DiBiase, Esq. (Argued), Samuel J. Marzarella, Esq., Office of County Prosecutor, Ocean County, Toms River, NJ, for Appellees.

Before: SLOVITER, FUENTES, and ALDISERT, Circuit Judges.


OPINION OF THE COURT

FUENTES, Circuit Judge:

Louis P. Urcinoli was convicted of murder, conspiracy to commit murder, and attempted murder by a New Jersey jury in 1996. The District Court on its own motion dismissed his subsequent habeas petition because it contained claims that had not been properly exhausted in state court. Although Urcinoli returned to state court to exhaust those claims, by the time he filed...

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