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JACOBS v. HORN

No. 01-9000.

395 F.3d 92 (2005)

Daniel JACOBS, Appellant v. Martin HORN, Commissioner, Pennsylvania Department of Corrections; Conner Blaine, Jr., Superintendent of the State Correctional Institution, Greene County; Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview.

United States Court of Appeals, Third Circuit.

January 20, 2005.

Attorney(s) appearing for the Case

Stuart B. Lev, (Argued), Matthew C. Lawry, Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, for Appellant.

Jonelle H. Eshbach, (Argued), Office of Attorney General of Pennsylvania, Harrisburg, for Appellees.

Before SCIRICA, Chief Judge, McKEE and FUENTES, Circuit Judges.

SCIRICA, Chief Judge, concurring in part and dissenting in part.

OPINION OF THE COURT

FUENTES, Circuit Judge.

Pennsylvania inmate Daniel Jacobs was sentenced to death for murdering his girlfriend Tammy Mock and to life in prison for murdering their baby Holly Jacobs. On federal habeas review, the District Court concluded that Jacobs' trial counsel rendered ineffective assistance during the penalty phase for failing to investigate and present mitigating...

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