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COX v. HORN

No. 13-2982.

757 F.3d 113 (2014)

Jermont COX, Appellant v. Martin HORN; Connor Blaine; The District Attorney of the County of Philadelphia; The Attorney General of the State of Pennsylvania.

United States Court of Appeals, Third Circuit.

Opinion Filed: August 7, 2014.

Attorney(s) appearing for the Case

Stuart B. Lev, Esq. (argued), Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA, for Appellant.

Molly S. Lorber, Esq. (argued), Thomas W. Dolgenos, Esq. , Helen Kane, Esq. , Philadelphia County Office of District Attorney, Philadelphia, PA, for Appellees.

Before: AMBRO and BARRY, Circuit Judges, and RESTANI, Judge.

OPINION OF THE COURT

BARRY, Circuit Judge.

More than twenty years ago, Jermont Cox was convicted in the Court of Common Pleas of Philadelphia County of first-degree murder and related charges. In 2000, he filed a petition in the U.S. District Court for a writ of habeas corpus. The District Court dismissed the petition in 2004, finding that all but one of Cox's claims were procedurally defaulted due to counsel's failure to pursue them in Cox's initial-review...

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