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PORTER v. PENNSYLVANIA DEPT. OF CORRECTIONS

No. 18-3505.

974 F.3d 431 (2020)

Ernest PORTER, Appellant v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS; John E. Wetzel, Secretary for Department of Corrections; Robert Gilmore; Super. for SCI Greene.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 1, 2020.

Attorney(s) appearing for the Case

Bret Grote [Argued], Abolitionist Law Center, P.O. Box 8654, Pittsburgh, PA 15221, Daniel M. Greenfield , Roderick & Solange MacArthur Justice Center/Northwestern, Pritzker School of Law, 375 East Chicago Ave., Chicago, IL 60611, Counsel for Appellant.

Michael P. Doss , Sidley Austin LLP, One South Dearborn St., Chicago, IL 60603, Counsel for Amicus Appellant.

Laura Rovner , Student Law Office — Civil Rights Clinic University of Denver College of Law, 2255 E. Evans Ave., Suite 335, Denver, CO 80208, Counsel for Amicus Appellant.

Daniel B. Mullen [Argued], Kemal Alexander Mericli , Office of Attorney General, 1251 Waterfront Place, Mezzanine Level, Pittsburgh, PA 1522, Counsel for Appellees.

Before: GREENAWAY, JR., PORTER and COWEN, Circuit Judges.

OPINION

In this case, we must decide whether our 2017 decision in Williams v. Secretary Pennsylvania Department of Corrections, 848 F.3d 549 (3d Cir. 2017), applies not only to death row inmates who have been granted vacatur...

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