Legal Opinion

Breakiron v. Horn

Court of Appeals for the Third Circuit

Decided April 18, 2011No. 08-9003PublishedCited by 92 opinions

1Opinion of the Court

OPINION OF THE COURT

NYGAARD, Circuit Judge.

A Pennsylvania jury found Mark Break-iron guilty of first-degree murder and robbery for killing a bartender and stealing her purse and money bags from the bar. At the penalty phase, the jury found as an aggravating factor that he committed the murder “while in the perpetration of a felony” — i.e., the robbery. 42 Pa. Cons.Stat. § 9711(d)(6). The trial court sentenced him to death. On Breakiron’s petition for a writ of habeas corpus, the District Court invalidated the murder conviction (and thus the death sentence) because it found that the…

2Cases cited55 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Harrington v. RichterSupreme Court of the United States · 2011
  5. United States v. BagleySupreme Court of the United States · 1985

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3Cited by92 opinions

  1. Byrd v. WorkmanCourt of Appeals for the Tenth Circuit · 2011
  2. Rice v. WhiteCourt of Appeals for the Sixth Circuit · 2011
  3. Commonwealth v. WeissSupreme Court of Pennsylvania · 2013
  4. Saleem Bey v. Superintendent Greene SCICourt of Appeals for the Third Circuit · 2017
  5. George Vickers, Jr. v. Superintendent Graterford SCICourt of Appeals for the Third Circuit · 2017

87 more not listed; retrieve them via the Exa API.

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