IN RE MINARIK

No. 97-8146.

166 F.3d 591 (1999)

In re John Paul MINARIK, Petitioner.

United States Court of Appeals, Third Circuit.

Decided February 3, 1999.


Attorney(s) appearing for the Case

Vincent R. Baginski (Argued), Pittsburgh, PA, for Petitioner.

Russell K. Broman (Argued), Office of the District Attorney, Pittsburgh, PA, for Respondents.

Before: STAPLETON, SCIRICA and McKEE, Circuit Judges.


OPINION OF THE COURT

STAPLETON, Circuit Judge:

We have before us John Minarik's second petition for relief under 28 U.S.C. § 2254. It was tendered to the District Court after the enactment of the Anti-terrorism and Effective Death Penalty Act of 1996 ("AEDPA") and transferred to this Court pursuant to the provisions of that act. Minarik's first § 2254 petition was filed prior to AEDPA's passage. We must decide whether the gatekeeping provisions...

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