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FREY v. FULCOMER

No. 91-1344.

974 F.2d 348 (1992)

Roderick Herman FREY, Appellee, v. Thomas A. FULCOMER, Warden, State Correctional Institution at Huntingdon, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 20, 1992.

Rehearing Denied September 15, 1992.

Attorney(s) appearing for the Case

Henry S. Kenderdine, Jr., John A. Kenneff (argued), Office of Dist. Atty., Lancaster County, Pa., Lancaster, Pa., for appellant.

Penn B. Glazier, Lancaster, Pa., Louis M. Natali, Jr. (argued), Temple University Law School, Philadelphia, Pa., for appellee.

Before: BECKER, GREENBERG, and COWEN, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

Thomas Fulcomer, the warden of a Pennsylvania state prison, appeals from an order of the district court for the Eastern District of Pennsylvania granting a writ of habeas corpus to a death row inmate, appellee Roderick Frey. A jury in Pennsylvania state court had convicted and sentenced Frey to death for the contract murder of his estranged wife. Frey unsuccessfully appealed his conviction and sentence and was...

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