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CREWS v. HORN

No. 99-9008.

360 F.3d 146 (2004)

Paul D. CREWS, Appellant v. Martin HORN, Commissioner, Pennsylvania Department of Corrections; Phillip Johnson, Superintendent of the State Correctional Institution at Greene; Joseph Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview; Pennsylvania Attorney General.

United States Court of Appeals, Third Circuit.

Opinion filed March 4, 2004.

Attorney(s) appearing for the Case

David W. Wycoff (Argued), Matthew C. Lawry, Anne L. Saunders, Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, for Appellant.

Daniel Stern (Argued), Assistant District Attorney of Perry County, Harrisburg, for Appellees.

Before: ALITO, ROTH and BARRY, Circuit Judges.

OPINION

ROTH, Circuit Judge.

Petitioner Paul David Crews, who faces a death sentence for a double-murder, appeals the dismissal without prejudice of his petition for a writ of habeas corpus. Crews concedes that the petition is a mixed petition (i.e., it contains both exhausted and unexhausted claims), so that the District Court lacks the power to grant relief under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), codified at 28...

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