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LAIRD v. HORN

No. 01-9012.

414 F.3d 419 (2005)

Richard LAIRD v. Martin HORN, Commissioner, Pennsylvania Department of Corrections; The District Attorney of Bucks County; The Attorney General of the State of Pennsylvania Martin HORN, Commissioner, Pennsylvania Department of Corrections; Gregory White, Superintendent of the State Correctional Institution at Pittsburgh; Joseph Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview, Appellants.

United States Court of Appeals, Third Circuit.

Filed July 19, 2005.

Attorney(s) appearing for the Case

Diane E. Gibbons, Stephen B. Harris (argued), Michelle A. Henry, Office of District Attorney, Doylestown, PA, for Appellants.

Billy H. Nolas (argued), David W. Wycoff, Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, PA, for Appellee.

Before ROTH, McKEE and BARRY Circuit Judges.

McKEE, Circuit Judge.

The Commonwealth appeals the order of the district court overturning the defendant's death sentence and granting a new trial on his conviction for first-degree murder. As explained in its extremely thorough, comprehensive, and well-reasoned opinion, the district court held that the state trial court erred in instructing the jury on accomplice liability during the guilt phase. See Laird v. Horn, 159 F.Supp.2d 58

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