United States Third Circuit

A Pennsylvania state prisoner, challenging his denial of parole on Fifth Amendment grounds, is not required to first seek a writ of mandamus in state court before seeking federal habeas review.

Appellate Information

• Argued 05/11/2004
• Decided 01/04/2005
• Published 01/04/2005

Judges

• Before NYGAARD, McKEE, and WEIS, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas W. Patton, (Argued), Office of Federal Public Defender, Erie, PA, for Appellant.


• For Appellees:
  
• Scott A. Bradley, (Argued), Office of Attorney General of Pennsylvania, Pittsburgh, PA, James K. Vogel, Office of District Attorney, Erie, PA, for Appellees.