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IN RE MOSER

No. 95-9003.

69 F.3d 690 (1995)

In re Leon MOSER.

United States Court of Appeals, Third Circuit.

Decided August 15, 1995.

Attorney(s) appearing for the Case

Mary M. Killinger, District Atty., Norristown, PA, for State.

Billy H. Nolas, Philadelphia, PA, for Moser.

Before: MANSMANN, COWEN and NYGAARD, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) August 15, 1995.

OPINION OF THE COURT

PER CURIAM.

The State1 challenges the district court's entry, in this next friend petition, of a stay of execution pending an independent psychiatric exam and evidentiary hearing to determine Mr. Moser's mental competency.

The parties have not delineated the basis of our jurisdiction nor do they dispute it. It is nonetheless incumbent...

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