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UNITED STATES EX REL. CANNON v. JOHNSON

Nos. 75-2398, 75-2455.

536 F.2d 1013 (1976)

UNITED STATES of America ex rel. Calvin CANNON, Appellant, v. Robert L. JOHNSON, District Attorney of Philadelphia County. UNITED STATES of America ex rel. Donald WHITE, Appellant, v. Robert L. JOHNSON, Supt. v. DISTRICT ATTORNEY OF PHILADELPHIA COUNTY.

United States Court of Appeals, Third Circuit.

Decided June 22, 1976.

Attorney(s) appearing for the Case

Richard H. Elliott, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for appellants.

Bonnie Brigance Leadbetter, Asst. Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Abraham J. Gafni, Deputy Dist. Atty., F. Emmett Fitzpatrick, Dist. Atty., Philadelphia, Pa., for appellees.

Before VAN DUSEN, KALODNER and WEIS, Circuit Judges.

OPINION OF THE COURT

KALODNER, Circuit Judge.

The single question presented by the consolidated instant appeals is whether retroactive effect should be accorded to our en banc holding in United States ex rel. Matthews v. Johnson,1 that due process was violated in a Pennsylvania murder trial when the defendant's request for a voluntary manslaughter instruction was denied for lack of evidentiary basis.2...

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