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REGA v. SEC'Y PENNSYLVANIA DEP'T OF CORR.

No. 18-9002 & 18-9003.

115 F.4th 235 (2024)

Robert Gene REGA, Appellant in No. 18-9002 v. SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS; Superintendent of The State Correctional Institution At Greene; Superintendent of The State Correctional Institution At Rockview, Appellant in No. 18-9003.

United States Court of Appeals, Third Circuit.

Filed: August 23, 2024.

Attorney(s) appearing for the Case

Hunter S. Labovitz, Office of Federal Public Defender, Capital Habeas Unit, Suite 707, 215 Dean A. McGee Avenue, Old Post Office Bldg., Oklahoma City, OK 73102, Sonali Shahi, Federal Community Defender Office, Eastern District of Pennsylvania, Capital Habeas Unit, 601 Walnut Street, The Curtis Center, Suite 545 West, Philadelphia, PA 19106, Counsel for Appellant in No. 18-9002.

Jeffrey D. Burkett, Jefferson County Office of District Attorney, 200 Main Street, Brookville, PA 15825, Counsel for Appellant in No. 18-9003.

Before: KRAUSE, McKEE, and SMITH, Circuit Judges.

OPINION OF THE COURT

Robert Gene Rega was convicted of first-degree murder and sentenced to death in Pennsylvania state court. On habeas review, the District Court denied his guilt-phase claims but granted one of his penalty-phase claims and ordered the Commonwealth of Pennsylvania to either provide him with a new...

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