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MOORE v. DEPUTY COMMISSIONER(S) OF SCI-HUNTINGDON

No. 91-5224.

946 F.2d 236 (1991)

Nathaniel MOORE v. DEPUTY COMMISSIONER(S) OF SCIHUNTINGDON; Attorney General for the State of Pennsylvania; Henry S. Kenderdine, Jr., D.A. of Lancaster County Deputy Commissioner of the State Correctional Institution at Huntingdon and the Attorney General of the Commonwealth of Pennsylvania, Appellants.

United States Court of Appeals, Third Circuit.

Decided October 8, 1991.

Attorney(s) appearing for the Case

Joseph C. Madenspacher (argued), First Asst. Dist. Atty., Heidi F. Carter, Asst. Dist. Atty., Lancaster, Pa., for appellants.

James V. Wade, Federal Public Defender, Daniel I. Siegel (argued), Asst. Federal Public Defender, Harrisburg, Pa., for appellee.

Before STAPLETON, GREENBERG and ALDISERT, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

BACKGROUND

The appellants, the deputy commissioner, State Correctional Institution, Huntingdon, and the attorney general of Pennsylvania, appeal from an order of February 28, 1991, granting the petitioner Nathaniel Moore, a state prisoner, a writ of habeas corpus providing for his release from custody unless he is retried. Moore was convicted of first degree murder at a jury trial and his conviction...

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