HACKETT v. PRICE

No. 01-9008.

381 F.3d 281 (2004)

Richard HACKETT v. James PRICE, Superintendent of SCI Greene; the District Attorney of Philadelphia County; the Attorney General of the State of Pennsylvania James S. Price, Superintendent of the State Correctional Institution, Greene County; The District Attorney of Philadelphia County; Michael Fisher, Attorney General of Pennsylvania, Appellants.

United States Court of Appeals, Third Circuit.

Filed August 26, 2004.


Attorney(s) appearing for the Case

David Curtis Glebe (Argued), Assistant District Attorney, Thomas W. Dolgenos, Chief, Federal Litigation, Ronald Eisenberg, Deputy District Attorney, Law Division, Arnold H. Gordon, First Assistant District Attorney, Lynne Abraham, District Attorney, Office of District Attorney, Philadelphia, PA, for Appellants.

Norris E. Gelman, (Argued), Philadelphia, PA, for Appellee.

Before BECKER, Chief Judge, AMBRO and GREENBERG, Circuit Judges.


AMBRO, Circuit Judge.

Richard Hackett was convicted by a Pennsylvania jury of murder in the first degree and sentenced to death. His direct appeals and post-conviction claims in state court were unsuccessful. Hackett then filed in federal court a petition for a writ of habeas corpus, which the District Court granted after determining there is a reasonable likelihood the jury interpreted the trial court's instructions and verdict form to preclude it from considering...

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