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ABU-JAMAL v. HORN

Nos. 01-9014, 02-9001.

520 F.3d 272 (2008)

Mumia ABU-JAMAL, a/k/a Wesley Cook Mumia Abu-Jamal, Appellant at No. 02-9001 v. Martin HORN, Pennsylvania Director of Corrections; Conner Blaine, Superintendent, SCI Greene; District Attorney for Philadelphia County; The Attorney General of the State of Pennsylvania, Appellants at No. 01-9014.

United States Court of Appeals, Third Circuit.

Filed March 27, 2008.

Attorney(s) appearing for the Case

Hugh J. Burns, Jr., Esquire (Argued), Ronald Eisenberg, Esquire, Office of District Attorney, Philadelphia, PA, for Appellants/Cross-Appellees, Martin Horn, Pennsylvania Director of Corrections; Conner Blaine, Superintendent, SCI Greene; District Attorney for Philadelphia County; The Attorney General of the State of Pennsylvania.

Robert R. Bryan, Esquire (Argued), San Francisco, CA, Judith L. Ritter, Esquire (Argued), Widener University School of Law, Wilmington, DE, for Appellee/Cross-Appellant, Mumia Abu-Jamal.

Christina A. Swarns, Esquire (Argued), NAACP Legal Defense and Educational Fund, Inc., New York, NY, for Amicus Curiae-Appellee, The NAACP Legal Defense and Educational Fund, Inc.

Jill Soffiyah Elijah, Esquire, Criminal Justice Institute, Harvard Law School, Cambridge, MA, for Amici Curiae-Appellees, National Lawyers Guild, National Conference of Black Lawyers, International Association of Democratic Lawyers, Charles Hamilton Houston Institute for Race & Justice of Harvard Law School, Southern Center for Human Rights, National Jury Project.

Before: SCIRICA, Chief Judge, AMBRO and COWEN, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

This petition for collateral review under 28 U.S.C. § 2254 came to us more than two decades after trial. In 1982, Mumia Abu-Jamal was convicted and sentenced to death in a Pennsylvania court for the murder of Philadelphia Police Officer Daniel Faulkner. Following denial of his appeals in state court, Abu-Jamal filed a petition for a writ of habeas corpus in federal district court. The District Court vacated...

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