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PETERKIN v. HORN

Civ.A. No. 95-CV-3989.

179 F.Supp.2d 518 (2002)

Otis PETERKIN v. Martin HORN, et al.

United States District Court, E.D. Pennsylvania.

January 7, 2002.

Attorney(s) appearing for the Case

Stephen A. Whinston, Berger & Montague, P.C., Kathy Swedlow, Defender Association of Philadelphia, Federal Court Division, Kenneth L. Fox, Law Offices of Kenneth L. Fox, Billy H. Nolas, Michael Wiseman, Defender Association of Philadelphia, Philadelphia, PA, for petitioner.

Peter J. Gardner, District Attorney's Office, Donna G. Zucker, Philadelphia, PA, for respondents.

MEMORANDUM AND ORDER

JOYNER, District Judge.

Petitioner, Otis Peterkin, now moves the Court for reconsideration of that portion of our November 6, 2001 Memorandum and Order which denied his petition for habeas corpus on the grounds that his Eighth and Fourteenth Amendment rights were violated by the trial court's instructions to the jury on aggravating and mitigating circumstances. For the reasons which follow, Petitioner's motion shall be granted...

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