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BANKS v. HORN

No. 96-9003.

126 F.3d 206 (1997)

George E. BANKS, Appellant, v. Martin HORN, Commissioner, PA Department of Corrections; James Price, Superintendent of the State Correctional Institution at Greene; Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview; The Commonwealth of Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided September 19, 1997.

Attorney(s) appearing for the Case

Albert J. Flora, Jr. (argued), William Ruzzo, Office of Public Defender, Wilkes-Barre, PA, for Appellant.

Peter P. Olszewski, Jr. (argued), Scott C. Gartley, Office of District Attorney, Wilkes-Barre, PA, for Appellees.

Before: SLOVITER, Chief Judge, and GREENBERG and MCKEE, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

George E. Banks appeals to this court from a final judgment entered in the district court on August 30, 1996, denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Banks committed the crimes leading to his conviction and sentencing in the state court and finally to his petition for habeas corpus on September 25, 1982, when he shot 14 people in Wilkes-Barre, Pennsylvania...

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