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FAHY v. HORN

Nos. 03-9008, 03-9009.

516 F.3d 169 (2008)

Henry FAHY v. Martin HORN, Commissioner, Pennsylvania Department of Corrections; Conner Blaine, Jr., Superintendent of the State Correctional Institution at Greene; Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview, Appellants Henry Fahy, Appellant v. Martin Horn, Commissioner, Pennsylvania Department of Corrections; Conner Blaine, Jr., Superintendent of the State Correctional Institution at Greene; Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview.

United States Court of Appeals, Third Circuit.

Filed: January 24, 2008.

Attorney(s) appearing for the Case

Marilyn F. Murray (Argued), Thomas W. Dolgenos, Office of District Attorney, Three South Penn Square, Philadelphia, PA, for Martin Horn, et al.

Matthew C. Lawry, Billy H. Nolas (Argued), Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, PA, for Henry Fahy.

Before: AMBRO, SMITH, and COWEN, Circuit Judges.

OPINION OF THE COURT

SMITH, Circuit Judge.

Twenty-seven years after the murder of twelve-year-old Nicoletta Caserta, the case of Henry Fahy returns to this Court, and possibly not for the last time. The Commonwealth of Pennsylvania ("Commonwealth") appeals from the order of the District Court granting Fahy's Petition for Writ of Habeas Corpus, which vacated his death sentence. Fahy cross-appeals from the District Court's denial of his guilt phase claims...

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