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CARPENTER v. VAUGHN

No. 95-9001.

296 F.3d 138 (2002)

James H. CARPENTER, v. Donald T. VAUGHN, Warden, State Correctional Institution at Graterford, PA James Henry Carpenter, Appellant

United States Court of Appeals, Third Circuit.

Filed: July 1, 2002.

Attorney(s) appearing for the Case

Billy H. Nolas (argued), David Wycoff, Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, for Appellant.

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 Law Division, Stuart Suss (argued), Senior Deputy Attorney General, Appeals and Legal Services Section, Criminal Law Division, Office of the Attorney General, 2490 Boulevard of the Generals, Norristown, PA, for Appellee.

Before: BECKER, Chief Judge, ALITO, and ROTH, Circuit Judges.

ALITO, Circuit Judge.

James Carpenter appeals the denial of his petition for a writ of habeas corpus. Convicted in Pennsylvania state court of first-degree murder and sentenced to death, Carpenter has pursued a long course of post-conviction litigation in the state and federal courts. In this appeal, he raises numerous arguments, challenging both the guilt and penalty phases of his trial. Some of the claims that he now advances had been fairly presented to the state...

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