DENNIS v. SECRETARY, PA DEPT. OF CORRECTIONS

No. 13-9003.

834 F.3d 263 (2016)

James A. DENNIS v. SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS; Superintendent, State Correctional Institution at Greene; Superintendent, State Correctional Institution at Rockview; District Attorney of Philadelphia County, Appellants.

United States Court of Appeals, Third Circuit.

Argued En Banc on October 14, 2015.

Filed: August 23, 2016.


Attorney(s) appearing for the Case

Ronald Eisenberg, Esquire (Argued), Susan E. Affronti, Esquire , Ryan Dunlavey, Esquire , Philadelphia County Office of District Attorney, 3 South Penn Square, Philadelphia, PA 19107, Counsel for Appellants.

Amy L. Rohe, Esquire (Argued), Reisman Karron Greene , 1700 K. Street, N.W., Suite 200, Washington, DC 20006, Stuart B. Lev, Esquire , Federal Community Defender Office for the District of Pennsylvania, Trial Unit, 601 Walnut Street, The Curtis Center, Suite 540 West, Philadelphia, PA 19106, Melanie Gavisk , Federal Public Defender, 411 E Bonneville Ave Suite 250, Las Vegas, NV, 89101, Counsel for Appellee.

Catherine M. A. Carroll, Esquire , WilmerHale, 1875 Pennsylvania Avenue, N.W., Washington, DC 20006, Counsel for Amicus Appellees.

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


OPINION

James Dennis has spent almost twenty-four years unsuccessfully challenging his conviction for the murder of Chedell Williams. The Pennsylvania Supreme Court repeatedly affirmed Dennis's first-degree murder conviction and sentence and denied his applications for post-conviction relief. Thereafter, Dennis...

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