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BOYD v. WAYMART

No. 07-2185.

579 F.3d 330 (2009)

Christopher BOYD v. Warden, Sci WAYMART; District Attorney of Philadelphia County, Pennsylvania; Attorney General, Commonwealth of Pennsylvania, Appellants.

United States Court of Appeals, Third Circuit.

Reargued En Banc November 19, 2008.

Filed July 31, 2009.

Attorney(s) appearing for the Case

Thomas W. Dolgenos, Esquire (Argued), Susan E. Affronti, Esquire, District Attorney's Office, Philadelphia, PA, for Appellants.

Cheryl J. Sturm, Esquire (Argued), Chadds Ford, PA, for Appellee.

Matthew C. Lawry, Esquire, Billy H. Nolas, Esquire, Defender Association of Philadelphia, PA, for Amici Curiae-Appellee, Federal Defender Organization.

Before SCIRICA, Chief Judge, SLOVITER, McKEE, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN and HARDIMAN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

The District Court conditionally granted a writ of habeas corpus to Christopher Boyd. The Commonwealth1 appealed, and after a three-judge panel heard argument, the Court ordered rehearing en banc. We will reverse the District Court's judgment and remand to a different district court judge for proceedings consistent with this opinion.

The facts of this case and the basis of our jurisdiction...

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