United States Third Circuit

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Pierce v. Blaine, 04-9000

An appeal by the Commonwealth from a commitment order in a death penalty case is dismissed for lack of jurisdiction where an order committing a state capital habeas petitioner for psychiatric evaluation is not a final order on the merits of his habeas petition, and the commitment order did not fall within a narrow class of "collateral" orders that may be reviewed.

Appellate Information

  • Decided 10/24/2006
  • Published 10/24/2006

Judges

  • Before McKEE, GREENBERG and ROTH, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Thomas W. Dolgenos, Esq., Office of the District Attorney Philadelphia, PA, for Connor Blaine, District Attorney of Philadelphia, Attorney General of Pennsylvania., Michael Wiseman, Esq., James Moreno, Esq., Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, PA, for Michael Pierce.

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