Thomas Affinito v. Roy Hendricks

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
47 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

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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

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