Samuel George Bibby v. Elijah Tard, Jr., and Irwin Kimmelman, Attorney General of the State of New Jersey
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
Before GARTH and SLOYITER, Circuit Judges and NEAHER, District Judge. *
GARTH, Circuit Judge.
Samuel George Bibby, the petitioner, appeals from the district court’s denial of his petition for a writ of habeas corpus. We find merit in his petition, and we will therefore reverse and remand to the district court with directions to hold an evidentiary hearing.
I
Bibby was indicted, along with Gerald Douglas Jefferson, on December 28, 1979 by a Monmouth County, New Jersey grand jury, charged with burglary, possession of a handgun with the purpose of using it unlawfully against…
2Cases cited14 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Rose v. LundySupreme Court of the United States · 1982
- Townsend v. SainSupreme Court of the United States · 1963
- United States v. TuckerSupreme Court of the United States · 1972
- Townsend v. BurkeSupreme Court of the United States · 1948
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3Cited by17 opinions
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- Smith v. FreemanCourt of Appeals for the Third Circuit · 1989
- State v. CatlowNew Jersey Superior Court Appellate Division · 1985
- State v. D'AMATONew Jersey Superior Court Appellate Division · 1987
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