Legal Opinion

Gary Gerber v. David Varano

Court of Appeals for the Third Circuit

Decided January 30, 2013No. 12-3214UnpublishedCited by 26 opinions

1Opinion of the Court

OPINION

2Per curiam

Gary Lee Gerber, a Pennsylvania prisoner, appeals from the District Court’s order dismissing his 28 U.S.C. § 2254 ha-beas corpus petition as unexhausted. For the following reasons, we will vacate the District Court’s order and remand for further proceedings.

I

Following a jury trial, Gary Lee “Muffin” Gerber was found guilty on April 23, 2008, in the Court of Common Pleas of Luzerne County on reeeiving-stolen-prop-erty and conspiracy charges. He was sen tenced to a net maximum term of six years of incarceration. Gerber pursued a direct appeal, which was discontinued in September 2008 and…

3Cases cited19 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Rhines v. WeberSupreme Court of the United States · 2005
  3. Gonzalez v. ThalerSupreme Court of the United States · 2012
  4. Pabon v. MahanoyCourt of Appeals for the Third Circuit · 2011
  5. Murray v. BledsoeCourt of Appeals for the Third Circuit · 2011

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4Cited by26 opinions

  1. Lamone Lauderdale-El v. Indiana Parole BoardCourt of Appeals for the Seventh Circuit · 2022
  2. ARISTE v. DAVISDistrict Court, D. New Jersey · 2020
  3. ATKINS v. WARDEN OF HUDSON COUNTY REHABILITATION CENTERDistrict Court, D. New Jersey · 2023
  4. Capriotti v. Warden of SCI-Camp HillDistrict Court, M.D. Pennsylvania · 2024
  5. Cephas v. MayDistrict Court, D. Delaware · 2023

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

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