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HARRISON v. RYAN

Nos. 90-1175, 90-1220.

909 F.2d 84 (1990)

HARRISON, William Howard v. RYAN, Joseph M., Supt., S.C.I. Dallas, Pa. and The Attorney General of the State of Pennsylvania. Appeal of Joseph M. RYAN, The Attorney General of the State of Pennsylvania and Ronald D. Castille, HARRISON, William Howard, Appellant in No. 90-1220, v. RYAN, Joseph M., Supt., S.C.I. Dallas, Pa. and The Attorney General of the State of Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided July 25, 1990.

Attorney(s) appearing for the Case

Michael J. Kelly (argued), Asst. Defender, Defender Ass'n of Philadelphia, Federal Court Div., Philadelphia, Pa., for appellee/cross-appellant.

Kathy L. Echternach (argued), Asst. Dist. Atty., Elizabeth J. Chambers, Chief, Federal Litigation, Gaele McLaughlin Barthold, Deputy Dist. Atty., William G. Chadwick, Jr., First Asst. Dist. Atty., Ronald D. Castille, Dist. Atty., Philadelphia, Pa., for appellant.

Before SLOVITER and MANSMANN, Circuit Judges, and THOMPSON, District Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this appeal from the grant of a writ of habeas corpus, the Commonwealth of Pennsylvania contends that the petitioner, William Howard Harrison, is not entitled to habeas relief under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), which prohibits the prosecution's use of peremptory challenges to exclude individuals from serving as jurors on the basis...

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