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ROBINSON v. JOHNSON

No. 00-1979.

313 F.3d 128 (2002)

Eric ROBINSON, Appellant v. Philip L. JOHNSON; the District Attorney of the County of Philadelphia; the Attorney General of the State of Pennsylvania, Mike Fisher.

United States Court of Appeals, Third Circuit.

Rehearing Submitted July 19, 2002.

Filed November 18, 2002.

Attorney(s) appearing for the Case

Paul Rosenzweig (Argued), Washington, DC, for Appellant.

David C. Glebe (Argued), Office of the District Attorney, Philadelphia, PA, for Appellees.

Before: SLOVITER, NYGAARD, and AMBRO, Circuit Judges.

Sur Panel Rehearing Submitted July 19, 2002.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

INTRODUCTION

When this appeal originally came before this panel of the court, we decided that state officials (hereafter "the Commonwealth"), against whom a habeas corpus proceeding had been filed, can waive the state's defense of the statute of limitations that is set forth in the Anti-Terrorism and Effective Death Penalty Act ("AEDPA"). The members...

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