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JOHNSON v. LOVE

No. 94-7168.

40 F.3d 658 (1994)

Melvin L. JOHNSON v. William LOVE, Acting Superintendent; The Attorney General for the State of Pennsylvania, Appellants.

United States Court of Appeals, Third Circuit.

Decided November 17, 1994.

Attorney(s) appearing for the Case

William R. Scullion (argued), Deputy Prosecutor, Office of the Dist. Atty., York, PA, for appellants.

James V. Wade (argued), Office of the Federal Public Defender, Harrisburg, PA, for appellee.

Before STAPLETON and GREENBERG, Circuit Judges, and ATKINS, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This habeas corpus case comes to us for the second time after having been remanded to the district court to allow the state prosecutor to explain his peremptory challenge of a black venirewoman in the petitioner's murder trial. The district court found the explanation unsatisfactory and ordered the Commonwealth of Pennsylvania to retry Melvin Johnson within 90 days or release him from custody. The Commonwealth...

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