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SIMMONS v. BEARD

Civil Action No. 02-161-J.

356 F.Supp.2d 548 (2005)

Ernest SIMMONS, Petitioner, v. Jeffrey BEARD, Commissioner, Pennsylvania Department of Corrections; William S. Stickman, III, Superintendent of the State Correctional Institution at Greene; and Robert W. Meyers, Superintendent of the State Correctional Institution at Rockview, Respondents.

United States District Court, W.D. Pennsylvania.

February 22, 2005.

Attorney(s) appearing for the Case

Robert B. Dunham, Matthew Lawry, Defender Association of Philadelphia, Philadelphia, PA, for Plaintiff.

David J. Kaltenbaugh Office of the District Attorney, Ebensburg, PA, for Defendants.

OPINION AND ORDER

McLAUGHLIN, District Judge.

On June 4, 1993, a jury empaneled by the Court of Common Pleas for Cambria County, Pennsylvania, convicted Petitioner Ernest Simmons of robbery and first-degree murder in the death of eighty-year-old Anna Knaze. The following day, the jury sentenced him to death on his first-degree murder conviction.1 At issue today is Simmons's Petition for Writ of Habeas Corpus, filed pursuant...

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