LAMBERT v. BLACKWELL

Nos. 97-1281, 97-1283, 97-1287.

134 F.3d 506 (1997)

Lisa Michelle LAMBERT, v. Charlotte BLACKWELL, Mrs., Superintendent; The Attorney General of the State Of Pennsylvania, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 29, 1997.

As Amended January 16, 1998.

Sur Petition for Rehearing January 26, 1998.


Attorney(s) appearing for the Case

Peter S. Greenberg (argued), Christina Rainville, Jeannette M. Brian, Diane L. Lisowski, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, for Appellee.

Richard A. Sprague (argued), Geoffrey R. Johnson, Theodore J. Chylack, Joseph R. Podraza, Jr., T. Truxtun Hare, David S. Lubin, Deborah B. Miller, Sprague & Sprague, Philadelphia, PA, Richard A. Sprague, Alvin B. Lewis, Jr., Edward R. Kennett, Sprague & Lewis, Lancaster, PA, for Appellants.

D. Michael Fisher, Attorney General of Pennsylvania, Jerome T. Foerster, Senior Deputy Attorney General, Appeals and Legal Services Section, Robert A. Graci Assistant Executive Deputy Attorney General, Office of Attorney General of Pennsylvania Law and Appeals, Harrisburg, PA, Daniel E. Lungren, Attorney General of California, Sacramento, CA, M. Jane Brady, Attorney General of Delaware, Wilmington, DE, Richard P. Ieyoub, Attorney General of Louisiana, Baton Rouge, LA, W.A. Drew Edmondson, Attorney General of Oklahoma, Oklahoma City, OK, Charles M. Condon, Attorney General of South Carolina, Columbia, SC, for Amicus Appellants: Commonwealth of Pennsylvania, State of California, State of Delaware, State of Louisiana, State of Oklahoma, State of South Carolina.

Donna G. Zucker, Assistant District Attorney, Ted McKnight, President, Pennsylvania District Attorneys Association, Philadelphia, PA, for Amicus Curiae Pennsylvania District Attorneys Association.

Before: MANSMANN and GREENBERG, Circuit Judges, and ALARCON, Circuit Judge.


OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this appeal we are faced with the onerous task of determining whether the district court, upon petition for writ of habeas corpus, erred in granting the unconditional release of one convicted of first degree murder by a state trial judge. Under Rose v. Lundy, 455 U.S. 509, 522, 102 S.Ct. 1198, 1205, 71 L.Ed.2d 379 (1982), the district court is required to dismiss a federal...

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