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MORRIS v. BEARD

No. 08-9001.

633 F.3d 185 (2011)

Kelvin X. MORRIS v. Jeffrey BEARD, Acting Secretary, Pennsylvania Department of Corrections; Conner Blaine, Superintendent, State Correctional Institution at Greene; Joseph Mazurkiewicz, Superintendent, State Correctional Institution at Rockview, Appellants.

United States Court of Appeals, Third Circuit.

Filed: January 26, 2011.

Attorney(s) appearing for the Case

Stuart B. Lev [Argued], Andrew L. Harris , Billy H. Nolas , Defender Association of Philadelphia, Philadelphia, PA, for Appellee.

Marilyn F. Murray [Argued], Office of the District Attorney, Philadelphia, PA, for Appellants.

Before: CHAGARES, HARDIMAN and STAPLETON, Circuit Judges.

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

Kelvin X. Morris was convicted of first-degree murder and robbery and sentenced to death in 1983 following a jury trial in Pennsylvania state court. Morris made several unsuccessful attempts to overturn his convictions and sentence in state court before petitioning the United States District Court for the Eastern District of Pennsylvania for a writ of habeas corpus in 2001. After conducting an evidentiary hearing...

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