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WILKERSON v. SUPERINTENDENT FAYETTE SCI

Nos. 15-1598 & 15-2673.

871 F.3d 221 (2017)

Vincent WILKERSON, Appellant in No. 15-2673 v. SUPERINTENDENT FAYETTE SCI; Attorney General Pennsylvania; District Attorney Philadelphia, Appellants in No. 15-1598.

United States Court of Appeals, Third Circuit.

(Filed: September 8, 2017).

Attorney(s) appearing for the Case

Max C. Kaufman [Argued], Susan E. Affronti , Ronald Eisenberg , George D. Mosee, Jr. , Anne Palmer , Philadelphia County Office of District Attorney, 3 South Penn Square, Philadelphia, PA 19107, Counsel for Superintendent Fayette SCI, Attorney General Pennsylvania, and District Attorney Philadelphia.

Maria K. Pulzetti [Argued], Brett G. Sweitzer , Leigh M. Skipper , Federal Community Defender Office for the Eastern District of Pennsylvania, 601 Walnut Street, The Curtis Center, Suite 540 West, Philadelphia, PA 19106, Counsel for Vincent Wilkerson.

Before: HARDIMAN and KRAUSE, Circuit Judges, and STENGEL, Chief District Judge.

OPINION OF THE COURT

Following a trial in which the evidence reflected that Appellee/Cross-Appellant Vincent Wilkerson shot his victim in the chest and beat the victim with a gun, a Pennsylvania jury convicted Wilkerson of both attempted murder and aggravated assault. In his instant petition for habeas corpus, Wilkerson...

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