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GILMORE v. MARKS

No. 85-1500.

799 F.2d 51 (1986)

Charles GILMORE v. Ronald MARKS, Commissioner and the Attorney General of the State of Pennsylvania, and the District Attorney of Philadelphia, Appellants.

United States Court of Appeals, Third Circuit.

Decided August 22, 1986.

Rehearing and Rehearing Denied September 17, 1986.

Attorney(s) appearing for the Case

Eric B. Henson, Deputy Dist. Atty., Donna G. Zucker (Argued), Asst. Dist. Atty., Edward G. Rendell, Dist. Atty., Philadelphia County, Philadelphia, Pa., for appellants.

Burton A. Rose (argued), Peruto, Ryan & Vitullo, Philadelphia, Pa., for appellee.

Before WEIS, SLOVITER, Circuit Judges, and ZIEGLER, District Judge.

Rehearing and Rehearing In Banc Denied September 17, 1986.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Before us is the appeal of the Commonwealth of Pennsylvania from the district court's decision to grant a writ of habeas corpus ordering the release of the appellee, Charles Gilmore. The issue presented is whether the Supreme Court's decision in Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067...

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