Stevens v. Beard

OPINION

VAN ANTWERPEN, Circuit Judge.

This capital habeas case is before us again on an order of the Supreme Court of the United States, which granted the petition for writ of certiorari filed by the Commonwealth of Pennsylvania, vacated the judgment of this court, and remanded for further consideration in light of the Court’s opinion in Uttecht v. Brown, - U.S. -, 127 S.Ct. 2218, 167 L.Ed.2d 1014 (2007). We will reinstate our original judgment to the extent that it affirmed the District Court’s denial of relief on Andre Stevens’s sole guilt-phase claim. As we explain briefly below, we will…