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HAN TAK LEE v. GLUNT

No. 10-4133.

667 F.3d 397 (2012)

HAN TAK LEE, Appellant v. Steve GLUNT, Superintendent, Sci Houtzdale; District Attorney of Monroe County; Attorney General of Pennsylvania.

United States Court of Appeals, Third Circuit.

Filed: January 27, 2012.

Attorney(s) appearing for the Case

Peter Goldberger (Argued), Ardmore, PA, Attorney for Appellant.

Jeremy M. Bolles (Argued), E. David Christine, Jr. , Mark S. Matthews , Monroe County Office of District Attorney, Stroudsburg, PA, Attorneys for Appellees.

Charlotte H. Whitmore , Pennsylvania Innocence Project, Philadelphia, PA, Attorney for Amicus Appellant.

Before: SLOVITER, VANASKIE, Circuit Judges and STENGEL, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The brief on behalf of Petitioner-Appellant Han Tak Lee has listed the following statement of issues:

1. Is petitioner-appellant Han Tak Lee incarcerated for a crime of which newly discovered scientific evidence persuasively shows he is probably innocent, in violation of his due process rights? a. Is an actual innocence claim based upon newly discovered evidence cognizable in a federal habeas...

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