WHITNEY v. HORN

No. 00-9003.

280 F.3d 240 (2002)

Raymond WHITNEY, v. Martin HORN, Commissioner, Pennsylvania Department of Corrections; James S. Price, Superintendent of the State Correctional Institution at Greene; and Joseph Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed February 5, 2002.


Attorney(s) appearing for the Case

Thomas W. Dolgenos (Argued), Marilyn F. Murray, Ronald Eisenberg, Arnold H. Gordon, Lynne Abraham, Philadelphia, PA, Counsel for the Appellants.

Billy H. Nolas (Argued), Christina Swarns, David Wycoff, Defender Association of Philadelphia, The Curtis Center, Philadelphia, PA, Counsel for the Appellee.

Before: McKEE, BARRY and AMBRO, Circuit Judges.


OPINION OF THE COURT

McKEE, Circuit Judge.

A jury convicted Raymond Whitney of first degree murder in state court, and sentenced him to death. We are now asked to review the district court's grant of a writ of habeas corpus under 28 U.S.C. § 2254. The district court concluded that Whitney was entitled to habeas relief because the trial judge erred in instructing the jury on the defense of voluntary intoxication under Pennsylvania law. For the reasons...

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