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ALBRECHT v. HORN

Nos. 04-9005, 04-9006.

485 F.3d 103 (2007)

Alfred ALBRECHT, Sr., Appellant in No. 04-9006 v. Martin HORN, Commissioner, Pennsylvania Department of Corrections, Appellant in No. 04-9005.

United States Court of Appeals, Third Circuit.

Decided November 21, 2006.

Petition for Rehearing Granted and Opinion Vacated April 10, 2007.

Submitted April 11, 2007 after Granting Rehearing.

Filed April 19, 2007.

Attorney(s) appearing for the Case

Stuart B. Lev (Argued), Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, PA, Counsel for Alfred Albrecht, Sr.

Michelle A. Henry, David W. Zellis, Stephen B. Harris (Argued), Colin D. Dougherty, Office of the District Attorney, Doylestown, PA, Counsel for Martin Horn, Commissioner, Pennsylvania Department of Corrections.

Before: SLOVITER, AMBRO and COWEN, Circuit Judges.

Petition for Panel Rehearing Granted and Opinion Vacated April 10, 2007.

Submitted April 11, 2007 after Granting Panel Rehearing.

OPINION

COWEN, Circuit Judge.

Alfred Albrecht, Sr. was found guilty by a Bucks County, Pennsylvania, Court of Common Pleas jury of first degree murder, two counts of second degree murder, and arson for causing the death of his wife, his mother, and his daughter by setting the family home on fire on the morning...

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