GARRUS v. SECRETARY OF PA. DEPT. OF CORRECTIONS

No. 09-3586.

694 F.3d 394 (2012)

Nakia William GARRUS, Appellant, v. SECRETARY OF the PENNSYLVANIA DEPARTMENT OF CORRECTIONS; The District Attorney of the County of Philadelphia; The Attorney General for the State of Pennsylvania Pursuant to Rule 43(c), Fed. R. App. P.

United States Court of Appeals, Third Circuit.

Filed: September 21, 2012.


Attorney(s) appearing for the Case

David R. Fine , Anthony R. Holtzman (argued), K & L Gates, Harrisburg, PA, for Appellant.

Thomas W. Dolgenos (argued), David C. Glebe , Philadelphia County Office of District Attorney, Philadelphia, PA, for the Secretary of the Pennsylvania Department of Corrections, the District Attorney of the County of Philadelphia and the Attorney General for the State of Pennsylvania.

Robert M. Wolff , Pennsylvania Department of Corrections, Office of Chief Counsel, Mechanicsburg, PA, for the Secretary of the Pennsylvania Department of Corrections.

Robert M. Falin , Montgomery County Office of District Attorney, Norristown, PA, for the District Attorney of the County of Philadelphia and the Attorney General for the State of Pennsylvania.

Before: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR. and VANASKIE, Circuit Judges.


OPINION OF THE COURT

FISHER, Circuit Judge, joined by McKEE, Chief Judge, and SLOVITER, SCIRICA, RENDELL, AMBRO, FUENTES, SMITH, and JORDAN, Circuit Judges.

William Garrus ("Garrus"), a Pennsylvania state prisoner, seeks federal habeas relief under 28 U.S.C. § 2254, as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996 ("AEDPA"). Garrus was found guilty in state court of voluntary manslaughter in 2001. At sentencing, the judge increased...

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