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FOLINO v. HARLOW

Civil Action No. 11-1582.

JOHN ORTENZIO FOLINO, Petitioner, v. MICHAEL HARLOW (Superintendent, State Correctional Institution at Albion, PA); THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA; THE ALLEGHENY COUNTY (PA.) DISTRICT ATTORNEY'S OFFICE, Respondents.

United States District Court, W.D. Pennsylvania.

December 24, 2014.

Attorney(s) appearing for the Case

JOHN ORTENZIO FOLINO, Petitioner, Pro Se.

MICHAEL HARLOW, Respondent, represented by Kelly D. Tomasic, Office of the District Attorney of Allegheny County.

THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondent, represented by Kelly D. Tomasic, Office of the District Attorney of Allegheny County.

THE ALLEGHENY COUNTY (PA.) DISTRICT ATTORNEY'S OFFICE, Respondent, represented by Kelly D. Tomasic, Office of the District Attorney of Allegheny County.

MEMORANDUM OPINION

MAUREEN P. KELLY, Chief Magistrate Judge.

John Ortenzio Folino ("Petitioner") has filed this Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 (the "Petition"), seeking to attack his state court conviction for first degree murder for which he was sentenced to life in prison without the possibility of parole. At trial, Petitioner confessed to shooting the victim but claimed that he was so...

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