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TEDFORD v. HEPTING

No. 91-3304.

990 F.2d 745 (1993)

Don Mitchell TEDFORD, Appellant, v. David A. HEPTING, Esquire, Assistant District Attorney, David L. Cook, Esquire, District Attorney, Susan Lynn West, Official Court Reporter, Lynda D. Harrison, Official Court Reporter, Edward J. Bayuszik, Official Court Reporter, Dennis Rickard, Sheriff, Edward Gamble, Deputy Sheriff, John A. Doe, Butler County Prison Official, John B. Doe, Butler County Court Official, Appellees.

United States Court of Appeals, Third Circuit.

Decided March 31, 1993.

Attorney(s) appearing for the Case

Deena J. Schneider (Argued), Schnader, Harrison, Segal & Lewis, Philadelphia, PA, for appellant.

James W. Harvey (Argued), Israel and Wood, P.C., Pittsburgh, PA, for appellees.

Before: STAPLETON and MANSMANN, Circuit Judges, FULLAM, Senior District Judge.

OPINION OF THE COURT

FULLAM, District Judge.

In February 1987, plaintiff was tried for first-degree murder and rape; he was convicted and sentenced to death. The Pennsylvania Supreme Court upheld the conviction and sentence. Commonwealth v. Tedford, 523 Pa. 305, 567 A.2d 610 (1989).

On February 27, 1989, while the direct appeal of the conviction and sentence was pending, plaintiff...

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