Nos. 03-9010, 03-9011.

642 F.3d 398 (2011)

Joseph J. KINDLER, Appellant in No. 03-9011, v. Martin HORN, Commissioner, Pennsylvania Department of Corrections;* David Diguglielmo, Superintendent of the State Correctional Institution at Graterford; Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview, Appellants in No. 03-9010. (* Amended—See Clerk's Order dated 1/6/05).

United States Court of Appeals, Third Circuit.

Argued October 12, 2010.

Opinion Filed: April 29, 2011.

Attorney(s) appearing for the Case

Leigh Skipper, Esq. , Jennifer L. Givens, Esq. , Matthew C. Lawry, Esq. (argued), Billy H. Nolas, Esq. , Maria Pulzetti, Esq. , Stephen L. Marley, Esq. , Federal Community Defender Office, Philadelphia, PA, for Appellee/Cross-Appellant.

Ronald Eisenberg, Esq. (argued), David Curtis Glebe, Esq. , Thomas W. Dolgenos, Esq. , Joseph E. McGettigan III, Esq. , R. Seth Williams, Esq. , Philadelphia District Attorney's Office, Philadelphia, PA, for Appellant/Cross-Appellees.

BEFORE: McKEE, Chief Judge, FUENTES, and STAPLETON, Circuit Judges.


FUENTES, Circuit Judge.

In 1983, a state court jury convicted Joseph Kindler of killing a witness against him and recommended a sentence of death. Following his trial, but before the death sentence had been formally imposed, Kindler filed several post-verdict motions. Before those motions could be heard, Kindler escaped from custody, was captured, escaped again, and was finally arrested and returned to Philadelphia in 1991. Kindler's...

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