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United States Third Circuit


Robertson v. Klem, 07-2581

In habeas proceedings arising from petitioner's conviction of two counts of conspiracy to commit murder, district court's judgment is reversed where the evidence was insufficient to allow a rational trier of fact to find defendant participated in two conspiracies and the court's contrary conclusion was an unreasonable application of clearly established Supreme Court precedent, In re Winship, 397 U.S. 358 (1970).

Appellate Information

  • Argued 04/22/2009
  • Decided 08/28/2009
  • Published 08/28/2009

Judges

  • Before: SCIRICA, Chief Judge, SLOVITER and FISHER, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Thomas L. Kirsch, II, Linda T. Coberly, John F. Kness, (Argued), Winston & Strawn LLP, Chicago, IL, Attorneys for Appellant.

  • For Appellees:
  • Jack R. Heneks, Jr., (Argued), Nancy D. Vernon, Office of District Attorney of Fayette County, Uniontown, PA, Attorneys for Appellees.
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