PRIDGEN v. SHANNON

No. 02-3842.

380 F.3d 721 (2004)

James Mario PRIDGEN, Appellant v. SHANNON; The District Attorney of the County of Lancaster; The Attorney General of the State of Pennsylvania.

United States Court of Appeals, Third Circuit.

Opinion Filed August 19, 2004.


Attorney(s) appearing for the Case

Elayne C. Bryn (Argued), Philadelphia, PA, for Appellant.

Susan E. Moyer (Argued), Office of the District Attorney, Lancaster County Courthouse, Lancaster, PA, for Appellees.

Before AMBRO, FUENTES and CHERTOFF, Circuit Judges.


OPINION OF THE COURT

FUENTES, Circuit Judge.

Following a state court jury trial, James Mario Pridgen ("Pridgen") was convicted of the shooting death of Colin Koulesser and sentenced to life in prison. After exhausting direct appeals and filing an unsuccessful federal habeas petition, Pridgen filed a Federal Rule of Civil Procedure 60(b) motion seeking "Relief From Judgment or Order," based on newly discovered evidence. The new evidence consisted of two affidavits...

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