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BANKS v. HORN

No. 99-9005.

316 F.3d 228 (2003)

George E. BANKS, Appellant v. Martin HORN, Commissioner, PA Dept of Corrections; James Price, Superintendent of State Correctional Institute Greene; Raymond J. Colleran, Superintendent State Correctional Institute Waymart; Commonwealth of Pennsylvania.

United States Court of Appeals, Third Circuit.

On Remand June 17, 2002.

Filed January 14, 2003.

Attorney(s) appearing for the Case

Albert J. Flora, Jr., [Argued], Wilkes-Barre, PA, William Ruzzo, Kingston, PA, for Appellant, George E. Banks.

Scott C. Gartley [Argued], David W. Lupas, Office of District Attorney, Luzerne County Courthouse, Wilkes-Barre, PA, for Appellee, Commonwealth of PA.

Peter Goldberger, Law Office of Peter Goldberger, Ardmore, PA, for Amicus-Appellant, PA Association of Criminal Defense Lawyers.

Louis M. Natali [Argued], Turner & McDonald, Philadelphia, PA, for Amicus-Appellants, PA Association of Criminal Defense Lawyers and Louis M. Natali.

Before: SLOVITER, ROTH and RENDELL, Circuit Judges.

On Remand from the United States Supreme Court by Order of June 17, 2002.

OPINION OF THE COURT

RENDELL, Circuit Judge.

In Horn v. Banks, 536 U.S. 266, 122 S.Ct. 2147, 153 L.Ed.2d 301 (2002), the United States Supreme Court directed us to analyze whether Mills v. Maryland, 486 U.S. 367, 108 S.Ct. 1860, 100 L.Ed.2d 384 (1988), could be retroactively applied under the principles...

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