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EVERETT v. BEARD

No. 00-1662.

290 F.3d 500 (2002)

Gerald EVERETT, Appellant, v. Jeffrey A. BEARD, Ph.D., Warden Sci Camp Hill; The District Attorney of the County of Philadelphia, Lynn Abraham; The Attorney General of the State of Pennsylvania, Michael Fisher.

United States Court of Appeals, Third Circuit.

Filed: May 2, 2002.

Attorney(s) appearing for the Case

Norris E. Gelman, (Argued), Philadelphia, PA, for appellant.

Thomas W. Dolgenos, (Argued), Chief, Federal Litigation, Ronald Eisenberg, Deputy District Attorney Law Division, Arnold H. Gordon, First Assistant District Attorney, Office of District Attorney, Philadelphia, PA, for appellees.

BEFORE: SLOVITER, NYGAARD and AMBRO, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit J.

I.

Gerald Everett, who drove the automobile carrying two men who robbed and then murdered the proprietor of a grocery store, was convicted of first-degree murder in the Court of Common Pleas of Philadelphia County, Pennsylvania, following a charge that explicitly permitted the jury to impute to Everett the murderer's intent to kill. The Pennsylvania Supreme Court...

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