BRONSHTEIN v. HORN

Nos. 01-9004, 01-9005.

404 F.3d 700 (2005)

Antuan BRONSHTEIN, v. Martin L. HORN, Commissioner, Pennsylvania Department of Corrections; Martin HORN, Commissioner, Pennsylvania Department of Corrections; James Price, Superintendent of the State Correctional Institution at Greene; Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview;Gerald J. Pappert, Attorney General of Pennsylvania, Appellants, No. 01-9004, Antuan Bronshtein, Appellant, No. 01-9005, v. Martin Horn, Commissioner, Pennsylvania Department of Corrections; James Price, Superintendent of the State Correctional Institution at Greene; Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview;Gerald J. Pappert, Attorney General of Pennsylvania.

United States Court of Appeals, Third Circuit.

Opinion Filed: April 14, 2005.


Attorney(s) appearing for the Case

Patrick J. O'Connor, Esq., Peter G. Rossi, Esq., Cozen O'Connor, Philadelphia, PA, Louis M. Natali, Jr. Esq. (Argued), Turner & McDonald, P.C., Philadelphia, PA, Counsel for Appellee/Cross-Appellant.

Patricia E. Coonahan (Argued), Assistant District Attorney Captain, Appellate Division, Mary MacNeil Killinger, Deputy District Attorney, Chief, Appellate Division, Office of District Attorney, Norristown, PA, Counsel for Appellants/Cross-Appellees.

Before: ALITO, BARRY, and STAPLETON, Circuit Judges.


OPINION OF THE COURT

ALITO, Circuit Judge:

Antuan Bronshtein was convicted in a Pennsylvania court for first-degree murder and sentenced to death. After unsuccessful post-trial litigation in the state courts, he filed the habeas petition now at issue. The District Court found merit in some but not all of Bronshtein's claims and ordered that a writ of habeas corpus be granted unless Bronshtein was retried within a specified time. The habeas respondent (hereinafter...

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