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ROMPILLA v. HORN

No. 00-9005, 00-9006.

355 F.3d 233 (2004)

Ronald ROMPILLA v. Martin HORN, Commissioner, Pennsylvania Department of Corrections Martin Horn, Appellant/Cross-Appellee.

United States Court of Appeals, Third Circuit.

Filed January 13, 2004.

Attorney(s) appearing for the Case

Amy Zapp (Argued), Senior Deputy Attorney General, Office of Attorney General, Harrisburg, PA, for Appellant/Cross-Appellee.

Billy H. Nolas (Argued), David W. Wycoff, Michael Wiseman, Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, for Appellee/Cross-Appellant.

Before SLOVITER, ALITO, and STAPLETON, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge.

The Commissioner of the Pennsylvania Department of Corrections (hereinafter "the Commonwealth") appeals from a District Court order granting the petition for a writ of habeas corpus that was filed by Ronald Rompilla, a Pennsylvania prisoner who was sentenced to death. The District Court ordered that Rompilla be released unless he is either resentenced to life imprisonment or a new penalty phase trial is held. Rompilla...

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