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LARK v. PENNSYLVANIA DEPT. OF CORRECTIONS

No. 07-9004.

645 F.3d 596 (2011)

Robert LARK v. * SECRETARY PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al; The District Attorney of Philadelphia County; The Attorney General of the State of Pennsylvania, Appellants. * (Pursuant to Rule 43(c), Fed. R.App. P.).

United States Court of Appeals, Third Circuit.

Filed: June 16, 2011.

Attorney(s) appearing for the Case

Maureen Kearney Rowley , Chief Federal Defender, Stuart B. Lev (argued), Michael Wiseman , Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, PA, for Appellee.

Thomas W. Dolgenos (argued), Chief, Federal Litigation, Ronald Eisenberg , Deputy District Attorney, Law Division, Arnold H. Gordon , First Assistant District Attorney, Office of the District Attorney, Philadelphia, PA, for Appellants.

Before: McKEE, Chief Judge, and SCIRICA and GREENBERG, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter comes on before this Court on appeal from a final order entered in the District Court on July 5, 2007, conditionally granting Appellee Robert Lark a writ of habeas corpus, vacating his Pennsylvania state court death sentence, and ordering the Commonwealth of Pennsylvania to retry Lark within 180 days or release him.1 See Lark v. Beard,

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