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TERRY v. PETSOCK

No. 91-9000.

974 F.2d 372 (1992)

Benjamin TERRY, Appellant, v. George PETSOCK, Superintendent, Ernest Preate, Attorney General of the Commonwealth of Pennsylvania, District Attorney of Montgomery County.

United States Court of Appeals, Third Circuit.

Decided September 1, 1992.

Order on Denial of Rehearing September 28, 1992.

Attorney(s) appearing for the Case

David Rudovsky (argued), Kairys & Rudovsky, Philadelphia, Pa. (Court-Appointed) for appellant.

Mary MacNeil Killinger (argued), Executive Asst. Dist. Atty., Chief, Appellate Div., Montgomery County Dist. Atty., Norristown, Pa., for appellees.

Before: STAPLETON, NYGAARD and ALITO, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

This is an appeal from the denial of a writ of habeas corpus in a Pennsylvania capital case. The petitioner, Benjamin Terry, raises one argument, namely, that his conviction for first-degree murder must be reversed under Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980), because at his second trial, the judge, applying Pennsylvania Supreme Court precedent...

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