KINDLER v. HORN

Nos. 03-9010, 03-9011.

542 F.3d 70 (2008)

Joseph J. KINDLER, Appellee/Cross-Appellant v. Martin HORN, Commissioner, Pennsylvania Department of Corrections,* David Diguglielmo, Superintendent of the State Correctional Institution at Graterford, Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview, Appellant/Cross-Appellees. *(Amended Per Clerk's Order dated 1/6/05.)

United States Court of Appeals, Third Circuit.

Filed: September 3, 2008.


Attorney(s) appearing for the Case

Matthew C. Lawry, Esq. (Argued), Maria K. Pulzetti, Esq. (Argued), Stephen L. Marley, Esq., Maureen K. Rowley, Esq., Phila., PA, for Appellee/Cross-Appellant.

David Curtis Glebe, Esq. (Argued), Assistant District Attorney, Thomas W. Dolgenos, Esq., Chief, Federal Litigation, Chief of Appeals, Ronald Eisenberg, Esq., Deputy, Law Division, Lynne Abraham, Esq., District Attorney, Phila., PA, for Appellant/Cross-Appellees.

Before: McKEE, FUENTES, and STAPLETON, Circuit Judges.


OPINION

McKEE, Circuit Judge.

Joseph Kindler was sentenced to death after being convicted of the first degree murder of David Bernstein. After unsuccessfully appealing in state court, Kindler filed this habeas petition in district court alleging, inter alia, that the trial court's jury instructions violated the Supreme Court's pronouncement in Mills v. Maryland, 486 U.S. 367, 108 S.Ct. 1860, 100 L.Ed.2d 384 ...

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