Legal Opinion

Fahy v. Horn

Court of Appeals for the Third Circuit

Decided January 24, 2008No. 03-9008, 03-9009PublishedCited by 209 opinions

1Opinion of the Court

OPINION OF THE COURT

SMITH, Circuit Judge.

Twenty-seven years after the murder of twelve-year-old Nicoletta Caserta, the case of Henry Fahy returns to this Court, and possibly not for the last time. The Commonwealth of Pennsylvania (“Commonwealth”) appeals from the order of the District Court granting Fahy’s Petition for Writ of Habeas Corpus, which vacated his death sentence. Fahy cross-appeals from the District Court’s denial of his guilt phase claims. Today, we vacate the judgment of the District Court to the extent that the writ was granted on the basis of Mills v. Maryland, 486 U.S. 367,…

2Cases cited93 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Miranda v. ArizonaSupreme Court of the United States · 1966
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Batson v. KentuckySupreme Court of the United States · 1986
  5. Coleman v. ThompsonSupreme Court of the United States · 1991

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3Cited by209 opinions

  1. Igor Borbot v. Warden Hudson County CorrectioCourt of Appeals for the Third Circuit · 2018
  2. Paul Eichwedel v. Brad CurryCourt of Appeals for the Seventh Circuit · 2012
  3. Thomas v. HornCourt of Appeals for the Third Circuit · 2009
  4. Saleem Bey v. Superintendent Greene SCICourt of Appeals for the Third Circuit · 2017
  5. Collins v. Secretary of the Pennsylvania Department of CorrectionsCourt of Appeals for the Third Circuit · 2014

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