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COSS v. LACKAWANNA COUNTY DIST. ATTY.

No. 98-7416.

204 F.3d 453 (2000)

Edward R. COSS, Jr., Appellant v. LACKAWANNA COUNTY DISTRICT ATTORNEY; The Attorney General of the Commonwealth of Pennsylvania

United States Court of Appeals, Third Circuit.

Re-Argued November 8, 1999

Decided February 29, 2000

Attorney(s) appearing for the Case

Daniel I. Siegel (argued), Assistant Federal Public Defender, Middle District of Pennsylvania, Harrisburg, PA, Attorney for Appellant.

William P. O' Malley (argued), Assistant District Attorney, Scranton, PA, Attorney for Appellees.

D. Michael Fisher, Attorney General, William H. Ryan, Jr., Executive Deputy Attorney General, Director, Criminal Law Division, Robert A. Graci, Assistant Executive Deputy Attorney General, Law and Appeals, Criminal Division, Ronald T. Williamson, Senior Deputy Attorney General, Appeals and Legal Services Section, Criminal Law Division, Attorneys for Amicus Curiae, The Attorney General of Pennsylvania.

Before: BECKER, Chief Judge, SLOVITER, MANSMANN, GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, McKEE, RENDELL, BARRY, ALDISERT and STAPLETON, Circuit Judges.

Argued March 1, 1999

Before: STAMPLETON, RENDELL and ALDISERT, Circuit Judges

Re-Argued Nov. 8, 1999

Before: BECKER, Chief Judge, SLOVITER, MANSMANN, GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, McKEE, RENDELL, BARRY, ALDISERT and STAPLETON, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Edward Coss appeals from the denial of his petition for a writ of habeas corpus

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