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OUTTEN v. KEARNEY

No. 04-9003.

464 F.3d 401 (2006)

Jack Foster OUTTEN, Jr. v. Rick KEARNEY, Warden, Sussex Correctional Institute; Attorney General of the State of Delaware, Jack F. Outten, Jr., Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 28, 2006.

Attorney(s) appearing for the Case

Ricardo Palacio, Esquire, Andrew D. Cordo, Esquire, Ashby & Geddes, John P. Deckers, Esquire (Argued), Wilmington, DE, for Appellant.

Thomas E. Brown (Argued), Deputy Attorney General, Department of Justice, Wilmington, DE, for Appellee.

Before: RENDELL, AMBRO and FUENTES, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge:

Jack Foster Outten, Jr., was convicted by a Delaware jury of, inter alia, first-degree murder and sentenced to death. His direct appeals and post-conviction claims in state court were unsuccessful. Outten then filed in federal court a 28 U.S.C. § 2254 petition for a writ of habeas corpus, which the United States District Court for the District of Delaware denied. We conclude that trial counsel...

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