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THOMAS v. HORN

Nos. 05-9006, 05-9008.

570 F.3d 105 (2009)

Brian THOMAS, Appellant v. Martin HORN, Commissioner, Pennsylvania Department of Corrections; Donald T. Vaughn, Superintendent of the State Correctional Institution at Graterford; Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview; the District Attorney of Philadelphia County, Appellants.

United States Court of Appeals, Third Circuit.

Filed: July 1, 2009.

Attorney(s) appearing for the Case

Maureen Kearney Rowley, Billy H. Nolas (Argued), Victor Abreu, David Wycoff, Federal Community Defender Office for the Eastern District, of Pennsylvania, Philadelphia, PA, Attorneys for Brian Thomas.

David Curtis Glebe (Argued), Thomas W. Dolgenos, Ronald Eisenberg, Arnold H. Gordon, Lynne Abraham, Robert M. Falin, Philadelphia, PA, Attorneys for Martin Horn, Donald Vaughn, Joseph Mazurkiewicz, and the District Attorney of Philadelphia County.

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

OPINION

SMITH, Circuit Judge.

In 1986, Brian Thomas was convicted in the Court of Common Pleas of Philadelphia of murder in the first degree, burglary, involuntary deviate sexual intercourse, and rape. The jury sentenced him to death. Thomas was unsuccessful on direct appeal, see Commonwealth v. Thomas, 522 Pa. 256, 561 A.2d 699 (1989) (hereinafter "Thomas I"), and in his state...

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