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JOHNSON v. TENNIS

No. 07-1968.

549 F.3d 296 (2008)

Gary JOHNSON, Appellant v. Franklin TENNIS, Superintendent; The District Attorney of the County of Philadelphia; The Attorney General of the State of Pennsylvania.

United States Court of Appeals, Third Circuit.

Filed November 19, 2008.

Attorney(s) appearing for the Case

Cheryl J. Sturm, Esq., Chadds Ford, PA, for Appellant.

Joshua S. Goldwert, Assistant District Attorney, (Counsel of Record), Thomas W. Dolgenos, Ronald Eisenberg, Arnold H. Gordon, Lynne Abraham, Office of the District Attorney, Philadelphia, PA, for Appellees.

Before: SLOVITER, FUENTES and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal by Gary Johnson from the denial of his petition for habeas corpus by the District Court of the Eastern District of Pennsylvania requires us to decide an issue of first impression in this Circuit: Do the teachings of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968), apply to a bench trial in...

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