DUFFEY v. LEHMAN

No. 94-9003.

84 F.3d 668 (1996)

Steven DUFFEY, Appellant, v. Joseph D. LEHMAN, Commissioner of the PA Department of Corrections; William J. Love, Superintendent of the State Correctional Institution at Huntingdon; Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview.

United States Court of Appeals, Third Circuit.

Filed January 16, 1996.

Vacated February 12, 1996.

Reargued May 14, 1996.

Decided May 22, 1996.


Attorney(s) appearing for the Case

Billy H. Nolas, Robert B. Dunham (argued), Pennsylvania Post-Conviction Defender Organization, Philadelphia, PA, for appellant.

Michael J. Barrasse, William P. O'Malley (argued), Office of the District Attorney, Scranton, PA, for appellees.

Before SLOVITER, Chief Judge, and BECKER, STAPLETON, MANSMANN, GREENBERG, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE and SAROKIN, Circuit Judges.


Reargued In Banc May 14, 1996.

ORDER

On December 23, 1994, Steven Duffey, a Pennsylvania state prisoner incarcerated under a sentence of death, appealed the district court's denial of his motion for stay of execution, alleging entitlement under the standard announced by the U.S. Supreme Court in McFarland v. Scott, ___ U.S. ___, 114 S.Ct. 2568, 129 L.Ed.2d 666 (1994). Agreeing, a panel of this court remanded the case for entry of an order granting...

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