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WILSON v. BEARD

No. 04-2461.

426 F.3d 653 (2005)

Zachary WILSON v. Jeffrey A. BEARD, Commissioner of the Pennsylvania Department of Corrections; Donald T. Vaughn, Superintendent of the State Correctional Institution at Graterford, Appellants.

United States Court of Appeals, Third Circuit.

October 13, 2005.

Attorney(s) appearing for the Case

Lynne Abraham, District Attorney, Arnold H. Gordon, First Assistant District Attorney, Ronald Eisenberg, Deputy District Attorney, Law Division, Thomas W. Dolgenos (Argued), Chief, Federal Litigation, J. Hunter Bennett, Assistant District Attorney, Philadelphia, PA, for Appellants.

Michael Wiseman (Argued), Capital Habeas Corpus Unit, Federal Court Division, Defender Association of Philadelphia, Philadelphia, PA, Christina A. Swarns (Argued), NAACP Legal Defense & Education Fund, Inc., New York, NY, for Appellee.

Before SCIRICA, Chief Judge, ROTH and BECKER, Circuit Judges.

OPINION

BECKER, Circuit Judge.

Jeffrey A. Beard and Donald T. Vaughn, Pennsylvania Corrections officials (hereinafter "the Commonwealth"), appeal from an order of the District Court granting Zachary Wilson a writ of habeas corpus and vacating his 1984 conviction for murder. The District Court found that Wilson was entitled to relief from his conviction under the Supreme Court's decision in Batson v. Kentucky, 476 U.S. 79

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