United States ex rel. Cannon v. Johnson

OPINION OF THE COURT

KALODNER, Circuit Judge.

The single question presented by the consolidated instant appeals is whether retroactive effect should be accorded to our en banc holding in United States ex rel. Matthews v. Johnson,1 that due process was violated in a Pennsylvania murder trial when the defendant’s request for a voluntary manslaughter instruction was denied for lack of evidentiary basis.2

The question arises by reason of the denial below of the appellants’ habeas corpus petitions on the ground that “full retroactivity should not be accorded to Matthews.” United States ex rel. Cannon…