ROBERTSON v. KLEM

No. 07-2581.

580 F.3d 159 (2009)

David ROBERTSON, Appellant v. Superintendent Edward KLEM; The District Attorney of the County of Fayette; The Attorney General of the State of Pennsylvania.

United States Court of Appeals, Third Circuit.

Filed: August 28, 2009.


Attorney(s) appearing for the Case

Thomas L. Kirsch, II, Linda T. Coberly, John F. Kness (Argued), Winston & Strawn LLP, Chicago, IL, Attorneys for Appellant.

Jack R. Heneks, Jr. (Argued), Nancy D. Vernon, Office of District Attorney of Fayette County, Uniontown, PA, Attorneys for Appellees.

Before: SCIRICA, Chief Judge, SLOVITER and FISHER, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

Petitioner David Robertson was convicted by a jury in Pennsylvania state court of two counts of conspiracy to commit murder arising out of the deaths of Edward and Karen Povlik, although he was acquitted of the murders by the same jury. He was sentenced to a five-to-ten-year term of imprisonment on each of the two counts, which were to run consecutively. After exhausting...

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