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TILLETT v. FREEMAN

No. 88-1591.

868 F.2d 106 (1989)

William Wesley TILLETT, Appellant, v. Robert M. FREEMAN and the Attorney General of the State of Pennsylvania, Leroy S. Zimmerman and the District Attorney of Lancaster County, Appellees.

United States Court of Appeals, Third Circuit.

Decided February 23, 1989.

Attorney(s) appearing for the Case

Edward H. Weis, Atty.-in-charge, Defender Ass'n of Philadelphia, Federal Courts Div., Philadelphia, Pa., for appellant.

Joseph C. Madenspacher, Office of the Dist. Atty., Lancaster, Pa., Leroy S. Zimmerman, Atty. Gen., Paul M. Yatron, First Deputy Atty. Gen., Robert A. Graci, Chief Deputy Atty. Gen., Appeals and Legal Services Section, and Andrea F. McKenna, Deputy Atty. Gen., Appeals and Legal Services Section, Harrisburg, Pa., for appellees.

Before GIBBONS, Chief Judge, SEITZ and GREENBERG Circuit Judges.

Submitted Under Third Circuit Rule 12(6) January 27, 1989.

OPINION OF THE COURT

GIBBONS, Chief Judge:

William Wesley Tillett appeals from an order dismissing his petition for habeas corpus relief from confinement pursuant to a Pennsylvania court sentence. The petition was dismissed on the authority of Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982), because the petition presented both exhausted...

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