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HOLLOWAY v. HORN

No. 01-9009, 01-9010.

355 F.3d 707 (2004)

Arnold HOLLOWAY, Appellant, No. 01-9009 v. Martin HORN, Secretary, Doc; Donald Vaughn, Superintendent, SCI-Graterford; The District Attorney of the County of Philadelphia; The Attorney General of the State of Pennsylvania, Appellants, No. 01-9010.

United States Court of Appeals, Third Circuit.

Filed January 22, 2004.

Attorney(s) appearing for the Case

Matthew C. Lawry, Billy H. Nolas, David W. Wycoff, (Argued), Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, for Appellant/Cross Appellee.

Thomas W. Dolgenos, (Argued), Office of District Attorney, Philadelphia, for Appellees/Cross Appellants.

Before SLOVITER, McKEE and COWEN, Circuit Judges.

OPINION

COWEN, Circuit Judge.

A Philadelphia jury convicted Arnold Holloway of first-degree murder for the brutal slaying of Richard Caldwell and imposed a sentence of death. Holloway raises several claims of constitutional error in this federal habeas corpus proceeding. We need only reach his contention that the Commonwealth of Pennsylvania used its peremptory strikes to exclude African-Americans from the petit jury in violation of the Equal Protection...

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