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GIBBS v. FRANK

No. 06-2725.

500 F.3d 202 (2007)

Barry GIBBS, Appellant v. Frederick K. FRANK; District Attorney of Pike County; Attorney General of Pennsylvania.

United States Court of Appeals, Third Circuit.

Filed: August 29, 2007.

Attorney(s) appearing for the Case

Mark A. Berman (argued), Hartman, Doherty, Rosa & Berman, Hackensack, NJ, for Appellant.

Thomas W. Corbett, Jr., Attorney General, Richard A. Sheetz, Jr., Executive Deputy Attorney General, Amy Zapp, Chief Deputy Attorney General, Christopher D. Carusone, Senior Deputy Attorney General (argued), Office of Attorney General, Capital Litigation Unit, Harrisburg, PA, for Appellee.

Before SMITH, GREENBERG, Circuit Judges and POLLAK, District Judge.

OPINION OF THE COURT

SMITH, Circuit Judge.

Barry Gibbs appeals from the District Court's April 27, 2006 judgment denying his application for release. The primary issue presented in this appeal is whether the District Court complied with this Court's earlier mandate "to grant Gibbs' petition for a writ of habeas corpus and require the state to either release Gibbs or retry him within a specified time period." Gibbs v. Frank, 387 F.3d...

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