WERTS v. VAUGHN

No. 98-1764.

228 F.3d 178 (2000)

Tyrone WERTS, Appellant v. Donald T. VAUGHN; the District Attorney of the County of Philadelphia; the Attorney General of the State of Pennsylvania

United States Court of Appeals, Third Circuit.

Filed September 8, 2000.


Attorney(s) appearing for the Case

Jeffrey M. Miller, Susan J. Bruno, (Argued), Nasuti & Miller, Philadelphia, PA, Counsel for Appellant.

Marilyn F. Murray, (Argued), Assistant District Attorney, Donna G. Zucker, Chief, Federal Litigation, Ronald Eisenberg, Deputy District Attorney Law Division, Arnold H. Gordon, First Assistant District Attorney, Lynne Abraham, District Attorney, Office of District Attorney, Philadelphia, PA, Counsel for Appellees.

Before: MANSMANN, McKEE and GREENBERG, Circuit Judges.


OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this appeal, we are asked to decide whether a habeas petitioner, who is presently serving a mandatory term of life imprisonment upon a conviction for second degree murder, was denied his constitutional right to a fair trial due to the prosecutor's alleged misconduct during the opening and closing arguments of his state court trial. The petitioner also contends in the alternative that he was denied effective...

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