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FOUNTAIN v. KYLER

No. 03-4777.

420 F.3d 267 (2005)

Charles Vincent FOUNTAIN, Appellant v. Kenneth D. KYLER; Attorney General for the Commonwealth of Pennsylvania.

United States Court of Appeals, Third Circuit.

August 25, 2005.

Attorney(s) appearing for the Case

R. Damien Schorr, (Argued), Pittsburgh, PA, for Appellant.

James P. Barker, (Argued), Office of District Attorney, Dauphin County Court-house, Harrisburg, PA, for Appellee.

Before SLOVITER and MCKEE, Circuit Judges, and FULLAM, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

In this case, we are asked to extend the jurisprudence regarding ineffective assistance of counsel to counsel's failure to predict the Pennsylvania Supreme Court's later ruling regarding the non-retroactivity of an amended death penalty statute. We decline to extend the law that far.

Charles Vincent Fountain, who is currently serving a life sentence for a 1976 homicide, appeals from the denial...

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