BRANCH v. SWEENEY

No. 13-1657.

758 F.3d 226 (2014)

Horace BRANCH, Appellant v. Cindy SWEENEY, Associate Administrator; The Attorney General of the State of New Jersey.

United States Court of Appeals, Third Circuit.

Filed: July 9, 2014.


Attorney(s) appearing for the Case

Sean E. Andrussier , Phillip Barber , Melissa Boatner , Adam Garmezy , Elyse Lyons , (argued), Duke University School of Law, Durham, NC, Attorneys for Appellant.

Carolyn A. Murray , Acting Essex County Prosecutor, Sara A. Friedman , (argued), Essex County Office of Prosecutor, Newark, NJ, Attorneys for Appellees.

BEFORE: FUENTES, GREENBERG, and VAN ANTWERPEN, Circuit Judges.


OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

What is more believable: that an experienced criminal would risk his life by attempting to rob armed drug dealers in close quarters, or that while unarmed he would go into a drug den to demand a refund of $50 that he spent at the den for cocaine that he discovered was fake? And once inside, is it more likely that, while taking open gun fire from behind, he would turn around to shoot...

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