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RILEY v. TAYLOR

No. 98-9009.

277 F.3d 261 (2001)

James William RILEY, Appellant, v. Stanley W. TAYLOR; M. Jane Brady.

United States Court of Appeals, Third Circuit.

Argued May 23, 2001.

Filed: December 28, 2001.

Attorney(s) appearing for the Case

Thomas J. Allingham, II (Argued), Stephen D. Dargitz, Skadden, Arps, Slate, Meagher & Flom, Mary M. MaloneyHuss Wolf, Block, Schorr & Solis-Cohen, Lawrence J. Connell, Widener University School of Law, Wilmington, DE, Attorneys for Appellant James W. Riley.

Loren C. Meyers (Argued), Chief of Appeals Division, William E. Molchen, II, Deputy Attorney General, Department of Justice, Wilmington, DE, Attorney for Appellees Stanley Taylor and M. Jane Brady.

Before: SLOVITER, ALITO and STAPLETON, Circuit Judges. Before: BECKER, Chief Judge, SLOVITER, MANSMANN, SCIRICA, NYGAARD, ALITO, ROTH, McKEE, BARRY, AMBRO, FUENTES, and STAPLETON, Circuit Judges.

Argued En Banc May 23, 2001.

OPINION OF THE COURT

SLOVITER, Circuit Judge, with whom Judges Mansmann, Nygaard, Roth, McKee and Ambro join, with whom Judges Scirica and Fuentes join as to Part II B, and with whom Chief Judge Becker joins in the judgment.

Appellant James W. Riley, a 22 year old black man, was sentenced to death on the vote of a Delaware state jury in December 1982. If the time intervening between that sentence and this court's en...

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