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HOLLAND v. HORN

Nos. 01-9001, 01-9002.

519 F.3d 107 (2008)

William HOLLAND, Appellant in No. 01-9001 v. Martin HORN, Commissioner, Pennsylvania Department of Corrections; Philip L. Johnson, Superintendent of the State Correctional Institution, Greene County; Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview. William Holland, v. Martin Horn, Commissioner, Pennsylvania Department of Corrections; Philip L. Johnson, Superintendent of the State Correctional Institution, Greene County; Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview, Appellants in No. 01-9002.

United States Court of Appeals, Third Circuit.

Filed: March 6, 2008.

Attorney(s) appearing for the Case

Ellen Berkowitz, Matthew C. Lawry, David W. Wycoff (argued), Maureen Kearny Rowley, Chief Public Defender, Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, PA, for Appellant in No. 01-9001.

David Curtis Glebe (argued), Assistant District Attorney, Thomas W. Dolgenos, Chief, Federal Litigation, Ronald Eisenberg, Deputy, Law Division, Arnold H. Gordon, First Assistant District Attorney, Lynne Abraham, District Attorney, Philadelphia, PA, for Appellants in No. 01-9002.

Before: CHAGARES, GREENBERG, and COWEN, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter comes on before this Court on an appeal and cross-appeal from a final order entered in the District Court on April 25, 2001, in this habeas corpus action under 28 U.S.C. § 2254 following extensive proceedings in the Pennsylvania state courts leading to appellant William Holland's conviction at a jury trial bifurcated between guilt and penalty phases on, among other...

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