Opinions of the United 2004 Decisions States Court of Appeals for the Third Circuit

5-12-2004 Affinito v. Hendricks Precedential or Non-Precedential: Precedential Docket No. 01-2066

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2004 Recommended Citation "Affinito v. Hendricks" (2004). 2004 Decisions. Paper 666. http://digitalcommons.law.villanova.edu/thirdcircuit_2004/666

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 01-2066

THOMAS AFFINITO, Appellant v. ROY HENDRICKS; ATTORNEY GENERAL OF THE STATE OF NEW JERSEY

Appeal from the United States District Court for the District of New Jersey (D.C. Civil Action No. 99-cv-02560) District Judge: Honorable Joseph A. Greenaway, Jr.

Argued July 28, 2003 Before: SCIRICA, Chief Judge, RENDELL and AMBRO, Circuit Judges (Opinion filed: May 4, 2004 )

Jean D. Barrett, Esquire (Argued) Ruhnke & Barrett Park Street Montclair, NJ 07042 Attorney for Appellant Peter C. Harvey Attorney General of New Jersey Nancy A. Hulett (Argued) Deputy Attorney General P.O. Box 086 Office of Attorney General of New Jersey Department of Law & Public Safety Division of Criminal Justice Appellate Bureau Richard J. Hughes Justice Complex Trenton, NJ 08625 Attorneys for Appellee

ORDER AMENDING PUBLISHED OPINION AM BRO, Circuit Judge IT IS NOW ORDERED that the published Opinion in the above case filed May 4, 2004, be amended as follows: On the caption page, in the second column, second line of the first paragraph, replace the year date “1998” with “1988”.

On the caption page, in the second column, eighth line of the first paragraph, insert a “.” immediately after the word “petition”, and replace the word “but” with the word “We” so that the sentences reads: “The District Court denied Affinito’s petition. We granted a certificate of appealability as to whether Affinito received ineffective assistance of counsel at his trial.”

On page five, second column, in the last two sentences of the last full paragraph, replace the “.”after the word “petition” with a “,”; change the capital “W ” in “We” to a lowercase “w”; and insert the word “and” between the words “petition” and “we” so that the sentence reads: “As noted, the District Court denied Affinito’s petition, and we granted a certificate of appealability on the issue of whether Russell provided ineffective assistance of counsel.”

By the Court,

/s/ Thomas L. Ambro, Circuit Judge

Dated: May 12, 2004