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FIORE v. WHITE

No. 97-3288.

149 F.3d 221 (1998)

William FIORE v. Gregory WHITE, Warden of the State Correctional Institution at Pittsburgh; The Attorney General of the Commonwealth of Pennsylvania, Appellants.

United States Court of Appeals, Third Circuit.

Decided July 21, 1998.

Attorney(s) appearing for the Case

D. Michael Fisher, Attorney General, William H. Ryan, Jr., Executive Deputy Attorney General, Robert A. Graci, Chief Deputy Attorney General, Andrea F. McKenna (Argued), Senior Deputy Attorney General, Office of Attorney General, Harrisburg, Pennsylvania, for Appellants.

James B. Lieber, M. Jean Clickner, Lieber & Hammer, Pittsburgh, Pennsylvania, Harold Gondelman (Argued), Plowman Spiegel & Lewis, Pittsburgh, Pennsylvania, for Appellee.

Before: STAPLETON and ALITO, Circuit Judges, and SHADUR, District Judge.

OPINION OF THE COURT

ALITO, Circuit Judge:

This is an appeal from an order granting a writ of habeas corpus to William Fiore, a state prisoner in Pennsylvania. The district court granted the writ after concluding that the Supreme Court of Pennsylvania violated Fiore's constitutional rights by failing to apply one of its decisions retroactively. Because state courts are under no constitutional obligation to apply their decisions retroactively, we reverse...

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