U.S. Court of Appeals for the Third Circuit, 1964

James Green v. Howard Yeager, Warden, New Jersey State Prison, Trenton, New Jersey

U.S. Court of Appeals for the Third Circuit · Decided June 19, 1964 · Biggs, Hastie, Ganey

332 F.2d 794; 1964 U.S. App. LEXIS 4983 (Federal Reporter, Second Series)

Counsel

Peter Murray, Asst. Pros., Newark, N. J. (Brendan T. Byrne, County Pros, of Essex County, Newai-k, N. J., on the brief), for appellant., Alan J. Davis, Philadelphia, Pa. (Wolf,. Block, Schorr and Solis-Cohen, Philadelphia, Pa., on the brief), for appellee.

Cases that cite this one

2 later published cases cite this decision.

Shack, Murray v. The Attorney General of the State of Pennsylvania, Warden of Rahway State Prison, New Jersey, District Attorney of Delaware County (3d Cir. 1985)
People v. Evans (Cal. Ct. App. 1966)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Judge Wortendyke has written a careful opinion and we entertain no doubt of the correctness of his decision in the-light of Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081, 84 A.L.R.2d; 933 (1961). He ordered that Green be' discharged from custody subject to the-right of the State of New Jersey to retain him in its custody under the Essex County indictment for robbery, No. 760-60, and to proceed to his timely retrial under that indictment.

The judgment of the court below will be affirmed.

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