PARRISH v. FULCOMER

No. 98-1010.

150 F.3d 326 (1998)

Roscoe PARRISH, Appellant v. Thomas FULCOMER, Warden, Sci Huntingdon; The District Attorney of the County of Philadelphia; The Attorney General of the State of PA.

United States Court of Appeals, Third Circuit.

Decided July 31, 1998.


Attorney(s) appearing for the Case

Norris E. Gelman (ARGUED), Philadelphia, PA., for Appellant.

Marilyn F. Murray (ARGUED), Office of the District Attorney, Philadelphia, PA, for Appellees.

Before: SCIRICA, NYGAARD and SEITZ, Circuit Judges.


NYGAARD, Circuit Judge.

Petitioner Roscoe Parrish waived his right to a jury trial in return for the Commonwealth of Pennsylvania's agreement not to seek the death penalty. He was convicted of first degree murder and criminal conspiracy and was sentenced to life in prison. In his petition for a writ of habeas corpus and before us, Parrish argues that waiver of his federal constitutional right to a jury trial, induced by the prosecution's pledge not to seek the death...

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