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THOMAS v. VARNER

No. 04-2856.

428 F.3d 491 (2005)

Clayton THOMAS v. Ben VARNER; the District Attorney of the County of Philadelphia; the Attorney General of the State of Pennsylvania, Appellants.

United States Court of Appeals, Third Circuit.

Filed November 4, 2005.

Attorney(s) appearing for the Case

Helen T. Kane (Argued), Assistant District Attorney, Thomas W. Dolgenos, Chief, Federal Litigation, Ronald Eisenberg, Deputy District Attorney, Arnold H. Gordon, First Assistant District Attorney, Lynne Abraham, District Attorney, Philadelphia, PA, for Appellants.

Daniel Silverman (Argued), Philadelphia, PA, for Appellee.

Before ROTH, FUENTES, and STAPLETON, Circuit Judges.

FUENTES, Circuit Judge.

Following a jury trial, Clayton Thomas was convicted of the shooting death of Harry James, the owner of a speakeasy in Philadelphia. He was also convicted of crimes related to the wounding of Peter Fuller, a patron of the speakeasy. Thomas alleges that his identification by Fuller was tainted by an unconstitutionally suggestive photo array and that his trial counsel was ineffective for failing to move to suppress or otherwise object to Fuller...

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