United States Third Circuit

Grant of habeas relief in a death penalty murder case pursuant to Mills v. Maryland, 486 U.S. 367 (1988), due to an ambiguous jury instruction concerning whether mitigating circumstances had to be found unanimously, is vacated and remanded for consideration of remaining sentencing-phase issues, where: 1) a nonretroactivity defense was not waived by the Commonwealth; and 2) the Supreme Court's decision in Beard v. Banks, 542 U.S. 406 (2004), held that Mills would not apply retroactively.

Appellate Information

• Argued 06/29/2006
• Decided 11/21/2006
• Published 11/21/2006

Judges

• Before:  SLOVITER, AMBRO and COWEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Stuart B. Lev (Argued), Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, PA, Counsel for Alfred Albrecht, Sr., Michelle A. Henry, David W. Zellis, Stephen B. Harris (Argued), Colin D. Dougherty, Office of the District Attorney, Doylestown, PA, Counsel for Martin Horn, Commissioner, Pennsylvania Department of Corrections.