Attilio Agnellino v. State of New Jersey and Howard Yeager, Principal Keeper, New Jersey State Prison

JAMES HUNTER, III, Circuit Judge:

In May of 1970 in the Monmouth County Court of New Jersey, appellant was tried before a jury and convicted on two counts of receiving stolen property in violation of N.J.Stat. 2A:139-1. Appellant unsuccessfully appealed his conviction through the New Jersey courts and the Supreme Court of the United States denied certiorari. Appellant then petitioned the district court for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 et seq., alleging improper comments by the state prosecutor in his summation and lack of probable cause to support a search warrant. The…