SISTRUNK v. ROZUM

No. 09-2495.

674 F.3d 181 (2012)

Edward SISTRUNK, Appellant v. Gerald ROZUM; the District Attorney of the County of Philadelphia; the Attorney General of the State of Pennsylvania.

United States Court of Appeals, Third Circuit.

Filed: March 20, 2012.


Attorney(s) appearing for the Case

Teri B. Himebaugh, Esq. , Schwenksville, PA, for Appellant.

Molly Selzer Lorber , Assistant District Attorney, Thomas W. Dolgenos , Chief, Federal Litigation, Ronald Eisenberg , Deputy District Attorney, Law Division, Joseph E. McGettigan, III , First Assistant District Attorney, R. Seth Williams , District Attorney, Philadelphia District Attorney's Office, Philadelphia, PA, for Appellees.

Before: SLOVITER, GREENAWAY, JR. and ALDISERT, Circuit Judges.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal seeks review of a denial of a petition for habeas corpus by Edward Sistrunk, an inmate in Respondents' custody. After pursuing and exhausting his state court avenues for appeal, Sistrunk sought habeas relief from the United States District Court for the Eastern District of Pennsylvania on the basis of newly discovered evidence of his "actual innocence." The District Court concluded that the

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