SIMMONS v. BEARD

No. 05-9001.

590 F.3d 223 (2009)

Ernest SIMMONS v. Jeffrey BEARD, Commissioner, Pennsylvania Department of Corrections; William S. Stickman, III, Superintendent of the State Correctional Institution at Greene; Robert W. Meyers, Superintendent of the State Correctional Institution of Rockview, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 11, 2009.


Attorney(s) appearing for the Case

David J. Kaltenbaugh (Argued), Office of District Attorney, Cambria County, Edensburg, PA, for Appellants.

Matthew C. Lawry (Argued), Robert B. Dunham, Defender, Association of Philadelphia, Federal Capital Habeas Corpus Unit, West Philadelphia, PA, for Appellee.

Before: SCIRICA, Chief Judge, FUENTES, and VAN ANTWERPEN, Circuit Judges.


OPINION OF THE COURT

FUENTES, Circuit Judge:

Appellee-Petitioner Ernest Simmons was convicted in Pennsylvania state court of robbery and murder in the first degree, and subsequently sentenced to death. Both his direct appeal and petition for post-conviction relief were denied in state court, but the District Court granted Simmons's habeas petition on the ground that the state prosecutors had withheld several pieces of material exculpatory evidence in violation...

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