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ROLAN v. VAUGHN

No. 04-4322.

445 F.3d 671 (2006)

Florencio ROLAN, v. Donald T. VAUGHN, State Correctional Institution-Graterford; The District Attorney of Philadelphia, Appellants.

United States Court of Appeals, Third Circuit.

April 18, 2006.

Attorney(s) appearing for the Case

Samuel W. Silver, Bruce P. Merenstein, (Argued), Schnader, Harrison, Segal & Lewis, Philadelphia, PA, for Appellee.

Helen T. Kane, (Argued), Office of the District Attorney, Philadelphia, PA, for Appellants.

Before ROTH, FUENTES and GARTH, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge.

The Commonwealth of Pennsylvania has appealed the District Court's grant of the writ of habeas corpus to Florencio Rolan. For the reasons stated below, we will affirm.

I. Background

Florencio Rolan was convicted in Pennsylvania state court of first-degree murder and of possession of an instrument of crime for the 1983 death of Paulino Santiago. The Commonwealth's theory of the crime was...

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