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WILSON v. BEARD

No. 06-9004.

589 F.3d 651 (2009)

Zachary WILSON v. Jeffrey BEARD, Commissioner, Pennsylvania Department of Corrections; David Diguglielmo, Superintendent of the State Correctional Institution at Graterford; Frank Tennis, Acting Superintendent of the State Correctional Institution at Rockview, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: December 23, 2009.

Attorney(s) appearing for the Case

Lynne Abraham, Esquire, District Attorney, David Curtis Glebe, Esquire (Argued) Assistant District Attorney, Thomas W. Dolgenos, Esquire, Chief, Federal Litigation, Ronald Eisenberg, Esquire, Deputy, Law Division, Arnold H. Gordon, Esquire, First Assistant District Attorney, Philadelphia, PA, for Appellants.

Maureen Kearney Rowley, Esquire, Chief Federal Defender, Michael Wiseman, Esquire (Argued), David Wycoff, Esquire, Billy H. Nolas, Esquire, Assistant Federal Defenders, Federal Community Defender Office for the Eastern District of Pennsylvania, Federal Capital Habeas Corpus Unit, Philadelphia, PA, for Appellee.

Before: McKEE, CHAGARES and ROTH, Circuit Judges.

OPINION

ROTH, Circuit Judge:

In 1988, Zachary Wilson was convicted of the 1981 murder of Jamie Lamb, who was shot in a bar in the City of Philadelphia. Wilson was sentenced to death. During his post-conviction relief proceedings, he learned that the Commonwealth had withheld certain information from his counsel during trial that could have been used for impeachment purposes. He asserts that the Commonwealth thereby violated his right to due process as set...

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