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BISHOP v. MAZURKIEWICZ

No. 80-1423.

634 F.2d 724 (1980)

John Edward BISHOP, Appellee, v. J. F. MAZURKIEWICZ and the Attorney General of the Commonwealth of Pennsylvania. Appeal of Commonwealth of Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided December 2, 1980.

Rehearing and Rehearing January 5, 1981.

Attorney(s) appearing for the Case

Alan Ellis, Ellis & Fogelnest, Philadelphia, Pa., for appellee.

Kim C. Kesner, Asst. Dist. Atty., Clearfield, Pa., for appellant.

Before HUNTER, WEIS, Circuit Judges, and FISHER, District Judge.

Rehearing and Rehearing In Banc January 5, 1981.

OPINION OF THE COURT

CLARKSON S. FISHER, District Judge.

The Commonwealth of Pennsylvania appeals from the grant of a writ of habeas corpus by the district court. Petitioner is serving a four-to-ten-year sentence at Rockview, Pennsylvania, for voluntary manslaughter.1 After the Supreme Court of Pennsylvania affirmed his...

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