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WEST v. VAUGHN

No. 98-1820.

204 F.3d 53 (2000)

Nathaniel WEST, Appellant v. Donald VAUGHN, Superintendent of Sci Graterford; The District Attorney of County of Phila.; The Attorney General of the State of PA.

United States Court of Appeals, Third Circuit.

Decided February 15, 2000

Attorney(s) appearing for the Case

Anthony C.H. Vale (Argued), Pepper Hamilton, LLP, Philadelphia, PA, Counsel for Appellant.

Marilyn F. Murray (Argued), Assistant District Attorney, Donna G. Zucker, Chief, Federal Litigation, Ronald Eisenberg, Deputy District Attorney, Law Division, Arnold H. Gordon, First Assistant District Attorney, Lynne Abraham, District Attorney, Philadelphia, PA, Counsel for Appellees.

Before: BECKER, Chief Judge, McKEE, and NOONAN, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

In Cage v. Louisiana, 498 U.S. 39, 111 S.Ct. 328, 112 L.Ed.2d 339 (1990) (per curiam), the Supreme Court taught that criminal convictions based on jury instructions that equate reasonable doubt with substantial doubt and grave uncertainty may suggest a lower standard of proof than that required by the Due Process Clause of the...

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