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LESKO v. LEHMAN

No. 90-3295.

925 F.2d 1527 (1991)

John Charles LESKO, Appellant, v. Joseph LEHMAN, 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; James J. Haggerty, General Counsel of Pennsylvania; and Ernest D. Preate, Jr., Attorney General of the Commonwealth of Pennsylvania, Appellees.

United States Court of Appeals, Third Circuit.

Decided February 11, 1991.

Rehearing and Rehearing Denied March 11, 1991.

Attorney(s) appearing for the Case

Welsh S. White (argued), Pittsburgh, Pa., Rabe F. Marsh, III, Greensburg, Pa., for appellant.

Robert A. Graci (argued), Chief Deputy Atty. Gen., Appeals & Legal Services Section, Office of Atty. Gen. of Pennsylvania, Harrisburg, Pa., John W. Peck, Asst. Dist. Atty., Sp. Deputy Atty. Gen., Office of Dist. Atty., Greensburg, Pa., for appellees.

Before HIGGINBOTHAM, MANSMANN and COWEN, Circuit Judges.

Rehearing and Rehearing In Banc Denied March 11, 1991.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Appellant John Charles Lesko was convicted and sentenced to death by the Westmoreland County Court of Common Pleas for the murder of Leonard Miller, an officer of the Apollo, Pennsylvania police department. This is the second appeal involving Lesko's petition for a writ of habeas corpus. On July 27, 1989, we reversed the district...

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