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LESKO v. OWENS

No. 88-3333.

881 F.2d 44 (1989)

John Charles LESKO v. David S. OWENS, Jr., Commissioner of the Pennsylvania Department of Corrections; Charles Zimmerman, Superintendent of the State Correctional Institution at Graterford; Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview; Morey M. Meyers, General Counsel of Pennsylvania; and Leroy Zimmerman, Attorney General of the Commonwealth of Pennsylvania, Appellants.

United States Court of Appeals, Third Circuit.

Decided July 27, 1989.

Rehearing and Rehearing Denied September 1, 1989.

Attorney(s) appearing for the Case

Robert A. Graci (Argued), Office of Atty. Gen., Harrisburg, Pa., John W. Peck, Office of the Dist. Atty., Greensburg, Pa., for appellants.

Rabe F. Marsh, III (Argued), Welsh White, Costello and Berk, Greensburg, Pa., for appellee.

Before STAPLETON, SCIRICA and COWEN, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 1, 1989.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

The Commonwealth of Pennsylvania appeals the district court's grant of a writ of habeas corpus. The question presented is whether the introduction of "other crimes" testimony deprived petitioner John Lesko of his Fourteenth Amendment right to a fair trial. We will reverse the judgment of the district court and remand for determination of other claims...

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