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United States Third Circuit

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Dennis v. Secretary, Pennsylvania Department of Corrections, 13-9003

In this case, petitioner was convicted of murder and sentenced to death. The Pennsylvania Supreme Court affirmed petitioner's conviction and sentence and denied his application for post-conviction relief. Order of the district court granting a conditional writ of habeas corpus to petitioner and direct the Commonwealth of Pennsylvania to retry petitioner or release him is vacated and the case is remanded for consideration of all remaining claims, where: 1) Brady's disclosure requirement does not apply to inadmissible evidence; and 2) the Pennsylvania Supreme Court could reasonably exclude from the prosecution's Brady obligations evidence that was available to petitioner with reasonable diligence.

Appellate Information

  • Decided 02/09/2015
  • Published 02/09/2015


  • Fisher


  • United States Third Circuit


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