MATTEO v. SUPERINTENDENT, SCI ALBION

No. 96-2115.

171 F.3d 877 (1999)

Anthony N. MATTEO, Appellant v. SUPERINTENDENT, SCI ALBION; The District Attorney of The County of Chester; The Attorney General of The State of Pennsylvania

United States Court of Appeals, Third Circuit.

Argued November 23, 1998.

Decided March 24, 1999.


Attorney(s) appearing for the Case

Walter M. Phillips, Jr. (Argued), Hoyle, Morris & Kerr, Philadelphia, PA, for Appellant.

Stuart Suss (Argued), Nicholas J. Casenta, Jr., Office of District Attorney, West Chester, PA, for Appellees, The District Attorney of the County of Chester; The Attorney General of the Commonwealth of Pennsylvania.

James S. Liebman (Argued), Columbia University School of Law, New York, New York; Matthew C. Lawry, Defender Association of Philadelphia, Federal Court Division, Philadelphia, Pennsylvania, for Federal Defender Organization Amici Curiae Appellants, Richard Couglin, Esq., Federal Public Defender, District of New Jersey; James V. Wade, Esq., Federal Public Defender, Middle District of Pennsylvania; Shelley Stark, Esq., Federal Public Defender, Western District of Pennsylvania; Penny Marshall, Esq., Assistant Federal Public Defender, District of Delaware; and Maureen Kearney Rowley, Chief Federal Defender, Federal Court Division, Defender Association of Philadelphia.

Peter J. Gardner (Argued), Donna G. Zucker, Office of District Attorney, Philadelphia, Pennsylvania, for Amici Curiae Appellees, Attorney General, State of Delaware; Attorney General, State of New Jersey; Attorney General, Commonwealth of Pennsylvania; District Attorney, Allegheny County; and District Attorney, Philadelphia County.

Before: BECKER, Chief Judge, SLOVITER, STAPLETON, GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, LEWIS, McKEE, RENDELL and COWEN, Circuit Judges


Argued En Banc November 23, 1998.

Argued January 30, 1998.

Before: MANSMANN, COWEN and RENDELL, Circuit Judges

Argued En Banc Nov. 23, 1998.

Before: BECKER, Chief Judge, SLOVITER, STAPLETON, GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, LEWIS, McKEE, RENDELL and COWEN, Circuit Judges

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Like our sister courts of appeals, we are asked to determine the appropriate standard of review...

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