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GIBBS v. FRANK

No. 02-3924.

387 F.3d 268 (2004)

Barry GIBBS, Appellant v. Frederick K. FRANK; District Attorney of Pike County; Attorney General of Pennsylvania.

United States Court of Appeals, Third Circuit.

October 14, 2004.

Attorney(s) appearing for the Case

Mark A. Berman, (Argued), Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, for Appellant.

Gerald J. Pappert, Attorney General, Richard A. Sheetz, Jr., Executive Deputy Attorney General, Director, Criminal Law Division, Amy Zapp, Chief Deputy Attorney General, Appeals and Legal Services Section, Frank G. Fina (Argued), Senior Deputy Attorney General, Appeals and Legal Services Section, Office of Attorney General of Pennsylvania, Harrisburg, for Appellee.

Before NYGAARD, MCKEE and CHERTOFF, Circuit Judges.

NYGAARD, Circuit Judge, concurring.

OPINION OF THE COURT

CHERTOFF, Circuit Judge.

Appellant Barry Gibbs appeals from the District Court's judgment denying his petition for a writ of habeas corpus. Gibbs, who is currently serving a sentence of twenty to forty years imprisonment, argues that the state court's decision was contrary to or an unreasonable application of clearly established federal law. We agree and reverse.

I.

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