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McMULLEN v. TENNIS

No. 06-5064.

562 F.3d 231 (2009)

Kim McMULLEN, Appellant v. Franklin TENNIS; Attorney General of the State of Pennsylvania; Robert B. Stewart, III.

United States Court of Appeals, Third Circuit.

Filed: April 1, 2009.

Attorney(s) appearing for the Case

Matthew J. Zeigler, Esq. (Argued), Williamsport, PA, for Appellant.

Gregory A. Jackson, Esq. (Argued), Robert B. Stewart, III, Esq., Office of District Attorney, George N. Zanic, Esq., Huntingdon County Office of District Attorney, Huntingdon, PA, for Appellee Franklin Tennis.

Before: SMITH and COWEN, Circuit Judges and THOMPSON, District Judge.

OPINION

COWEN, Circuit Judge.

Appellant Kim McMullen appeals from the order of the United States District Court for the Middle District of Pennsylvania denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus. We will affirm.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A burglary occurred at a food store in Orbisonia, Pennsylvania in the late evening or early morning hours of February 23-24, 1985. On March 4, 1985, the body...

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