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BLYSTONE v. HORN

Nos. 05-9002, 05-9003.

664 F.3d 397 (2011)

Scott Wayne BLYSTONE, Appellant v. Martin HORN, Commissioner, Pennsylvania Department of Corrections; James S. Price, Superintendent of the State Correctional Institution at Greene; Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution Rockview, Appellants.

United States Court of Appeals, Third Circuit.

Filed December 22, 2011.

Attorney(s) appearing for the Case

Maureen Kearney Rowley, Esq. , Samuel J.B. Angell, Esq. (Argued), Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA, Robert Brett Dunham, Esq. (Argued), Federal Public Defender Office for the Middle District of Pennsylvania, Harrisburg, PA, Paul D. Boas, Esq. , Pittsburgh, PA, Attorneys for Appellant/Cross-Appellee.

Linda L. Kelly, Esq. , Richard A. Sheetz, Jr., Esq. , Amy Zapp, Esq. (Argued), Stuart Suss, Esq. , Office of the Attorney General of Pennsylvania, Harrisburg, PA, Attorneys for Appellee/Cross-Appellant.

Before: CHAGARES, NYGAARD, and ROTH, Circuit Judges.

OPINION

CHAGARES, Circuit Judge.

In 1984, a jury sentenced Scott Wayne Blystone to death following his convictions in Pennsylvania state court for first-degree murder, robbery, conspiracy to commit murder, and conspiracy to commit robbery. After making several unsuccessful attempts to overturn his convictions and sentence in state court, Blystone filed the present petition for a writ of habeas corpus in the United States District Court for the Western District...

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