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BENNETT v. SUPERINTENDENT GRATERFORD SCI

No. 16-1908.

886 F.3d 268 (2018)

Tony L. BENNETT, Appellant v. SUPERINTENDENT GRATERFORD SCI; Attorney General Pennsylvania.

United States Court of Appeals, Third Circuit.

Filed: March 26, 2018.

Attorney(s) appearing for the Case

Richard H. Frankel, Esq. , Ke Gang , Student Counsel [ARGUED], Mischa Wheat , Student Counsel [ARGUED], Appellate Litigation Clinic, Drexel University Kline School of Law, 3320 Market Street, Philadelphia, PA 19104, Counsel for Appellant.

Christopher P. Lynett, Esq. [ARGUED], Simran Dhillon, Esq. , Susan E. Affronti, Esq. , Philadelphia County Office of District Attorney, Three South Penn Square, Philadelphia, PA 19107-3499, Counsel for Appellees.

Before: AMBRO, RESTREPO and NYGAARD, Circuit Judges.

OPINION OF THE COURT

In 1990, nineteen year old Tony Bennett was sitting in the passenger seat of a getaway car when his conspirator entered a jewelry store to commit a robbery, shooting the clerk and killing her. Bennett was convicted of first degree murder. After a capital sentencing hearing, the jury returned...

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