1. Home
  2. Browse Decisions
  3. F.3d
  4. 120 F.3d
  5. 120 F.3d 400 (1997)
 

SMITH v. HORN

Nos. 96-9001 and 96-9002

120 F.3d 400 (1997)

Clifford SMITH v. Martin HORN, Commissioner, Pennsylvania Department of Corrections; James Price, Superintendent, of the State Correctional Institution at Greene, and; Joseph P. Mazurkiewicz, Superintendent, of the State Correctional Institution at Rockview Clifford SMITH, Appellant, v. Martin HORN, Commissioner, Pennsylvania Department of Corrections; James Price, Superintendent, of the State Correctional Institution at Greene, and; Joseph P. Mazurkiewicz, Superintendent, of the State Correctional Institution at Rockview.

United States Court of Appeals, Third Circuit.

Decided July 24, 1997.

Sur Petition for Rehearing August 21, 1997.

Attorney(s) appearing for the Case

David D. Langfitt, Gerard M. McCabe, Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, Billy H. Nolas (argued), Yvonne R. Bradley, Center for Legal Education Advocacy & Defense Assistance, Philadelphia, PA, for Appellee/Cross Appellant.

Stephen B. Harris (argued), Office of District Attorney, Doylestown, PA, for Appellant/Cross Appellee.

Before: MANSMANN, COWEN and ALITO, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

This is an appeal from a judgment of the district court granting in part petitioner-appellee/cross-appellant Clifford Smith's petition for a writ of habeas corpus. The district court held that certain comments made by the prosecutor at the penalty phase of Smith's trial for first-degree murder violated Smith's rights pursuant to the Eighth and Fourteenth Amendments. The district court further held that the failure...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases