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JERMYN v. HORN

Nos. 98-9012, 98-9013.

266 F.3d 257 (2001)

Fredric JERMYN, Appellant, v. Martin HORN, Pennsylvania Department of Corrections, Commissioner of the Pennsylvania Department of Corrections; Ben Varner, Superintendent State Correctional Institution at Greene; Charles H. Zimmerman, Superintendent, State Correctional Institution at Waymart; Joseph P. Mazurkiewicz, Superintendent, State Correctional Institution at Rockview. Fredric Jermyn, v. Martin Horn, Pennsylvania Department of Corrections, Commissioner of the Pennsylvania Department of Corrections; Ben Varner, Superintendent State Correctional Institution at Greene; Charles Zimmerman, Superintendent, State Correctional Institution at Waymart; Joseph P. Mazurkiewicz, Superintendent, State Correctional Institution at Rockview, Appellants.

United States Court of Appeals, Third Circuit.

Filed September 21, 2001.

Attorney(s) appearing for the Case

Billy H. Nolas, (Argued), Robert B. Dunham, David W. Wycoff, Michael Wiseman, Defender Association of Philadelphia, Philadelphia, PA, Counsel for Appellant/Cross-Appellee Frederic J. Jermyn.

Marianne K. Fogelsanger, Amy Zapp, (Argued), Office of Attorney General Of Pennsylvania, Department of Justice, Harrisburg, PA, Counsel for Appellees/Cross-Appellants Martin Horn, Pennsylvania Department of Corrections, Commissioner of the Pennsylvania Department of Corrections; Ben Varner, Superintendent State Correctional Institution at Greene; Charles Zimmerman, Superintendent, State Correctional Institution at Waymart; Joseph P. Mazurkiewicz, Superintendent, State Correctional Institution at Rockview.

Before: SLOVITER, RENDELL, and STAPLETON, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge:

In August of 1985, a Pennsylvania jury convicted Fredric Jermyn of the murder of his mother, and sentenced him to death. In his habeas petition, Jermyn raises numerous claims, focusing upon his history of mental illness, his trial counsel's self-professed ineffective representation, and the gulf between the evidence presented at trial and the evidence presented at a hearing conducted in 1995 as part of Jermyn...

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