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COPENHEFER v. HORN

Nos. 03-9000, 03-9001.

696 F.3d 377 (2012)

David C. COPENHEFER, Appellee/Cross-Appellant v. Martin HORN, Commissioner, Pennsylvania Department of Corrections; Philip Johnson, Superintendent of the State Correctional Institution at Greene; Joseph Mazurkiewicz, Superintendent of the State Correctional Institute at Rockview, Appellants/Cross-Appellees.

United States Court of Appeals, Third Circuit.

Opinion filed: September 27, 2012.

Attorney(s) appearing for the Case

John H. Daneri, Esq. (ARGUED), Erie County Office of District Attorney, Erie, PA, for Appellants/Cross-Appellees, Martin Horn, Philip Johnson, Joseph Mazurkiewicz.

Matthew C. Lawry, Esq. (ARGUED), Defender Association of Philadelphia, Philadelphia, PA, for Appellee/Cross-Appellant, David C. Copenhefer.

Before: McKEE, Chief Judge, AMBRO and BARRY, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge.

I. Introduction

The Commonwealth appeals the order of the District Court granting David Copenhefer habeas relief from his sentence of death, and Copenhefer cross-appeals the District Court's denial of habeas relief with respect to his conviction. We will reverse to the extent that the District Court vacated Copenhefer's sentence of death, and affirm to the extent that it otherwise denied Copenhefer...

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