Stevens v. Horn

OPINION

VAN ANTWERPEN, Circuit Judge.

In this appeal and cross-appeal in a capital case, the Commonwealth of Pennsylvania and Andre Stevens ask us to review the District Court’s partial grant of Stevens’s petition for writ of habeas corpus. We will affirm the judgment of the District Court in all respects.

I

Stevens was convicted at a 1993 bench trial on two counts of first-degree murder. 1 At trial, Stevens did not dispute that he shot his estranged wife, Brenda Jo Stevens, and her acquaintance, Michael Love, at a Beaver County, Pennsylvania, bar. A jury was empaneled for the capital sentencing…