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DUARTE v. HERSHBERGER

December 2, 1996

NELSON O. DUARTE, Petitioner,
v.
WARDEN HERSHBERGER, et al., Respondents.



The opinion of the court was delivered by: WOLIN

This matter was decided on the papers pursuant to Rule 78 of the Federal Rules of Civil Procedure. The following are counsel of record:

 MR. NELSON O. DUARTE

 Reg. No. 73576-012

 Administrative Maximum Facility

 5800 State Highway 67 South

 Box 8500

 Florence, CO 81226-8500

 (Petitioner Pro Se)

 WENDY ALICE WAY, ESQ.

 DEPUTY ATTORNEY GENERAL

 OFFICE OF THE ATTORNEY GENERAL

 CN 086

 Trenton, NJ 08625

 (Attorneys for Respondents)

 WOLIN, District Judge

 Petitioner Nelson O. Duarte ("Duarte"), currently confined at the Administrative Maximum Facility in Florence, Colorado, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254(a). *fn1" In support of his application, petitioner claims that the trial court (1) lacked jurisdiction over his case, (2) refused to declare a mistrial or conduct a voir dire examination of a juror at trial, and (3) restricted the petitioner's right to effective cross-examination. Petitioner further contends that he was denied effective assistance of counsel.

 The government opposes the petition, arguing that (1) Duarte has failed to exhaust his state remedies pursuant to the "total exhaustion doctrine," (2) the application is barred by a procedural default, and (3) Duarte has failed to state a claim upon which relief may be granted. For the ...


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