Pursell v. Horn
| Decision Date | 01 February 2002 |
| Docket Number | Civil Action No. 99-174 E. |
| Citation | 187 F.Supp.2d 260 |
| Parties | Alan PURSELL, Petitioner, v. Martin HORN, Commissioner, Pennsylvania Department of Corrections; Philip L. Johnson, Superintendent of the State Correctional Institution at Pittsburgh, and Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview, Respondents. |
| Court | U.S. District Court — Western District of Pennsylvania |
Matthew Lawry, James Anderson, Staurt Lev, Defender Association of Philadelphia, Capital Habeas Unit, Philadelphia, PA, for petitioner.
Kenneth A. Zak, Office of the District Attorney, Erie, PA, for respondents.
MEMORANDUM OPINION AND ORDER
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53 cases
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Porter v. Horn
...usual case that the prisoner, at a minimum, seek an evidentiary hearing in state court in the manner prescribed by state law." Pursell, 187 F.Supp.2d at 325 (quotation and internal quotation marks If the federal habeas court determines that petitioner failed to develop the state court recor......
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Baker v. Horn, CVILL ACTION 96-CV-0037 (E.D. Pa. 5/__/2002)
...did the court state that its constitutional analysis was limited to the Pennsylvania Constitution. As the court in Pursell v. Horn, 187 F. Supp.2d 260 (W.D.Pa. 2002), recently noted, the Pennsylvania Supreme Court has indicated that it "implicitly resolves all constitutional issues [includi......
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Baker v. Horn
...did the court state that its constitutional analysis was limited to the Pennsylvania Constitution. As the court in Pursell v. Horn, 187 F.Supp.2d 260 (W.D.Pa.2002), recently noted, the Pennsylvania Supreme Court has indicated that it "implicitly resolves all constitutional issues [including......
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Saranchak v. Beard
...the claim, it is exhausted, even if the state court refuses to hear the claim because it is time-barred or waived. Pursell v. Horn, 187 F.Supp.2d 260, 288-89 (W.D.Pa.2002) (citing Bond v. Fulcomer, 864 F.2d 306, 309 (3d Cir.1989) (holding that presentation of an untimely petition to the sta......
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2 books & journal articles
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Trial
...a written motion for change of venue. FRCrP 21(a). Prejudice may be presumed in certain extreme cases. See, e.g. , Pursell v. Horn , 187 F. Supp. 2d 260, 303 (W.D. Pa. 2002) (noting that prejudice may be presumed in some “exceedingly rare” cases where the trial atmosphere is “utterly corrup......
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Appeals
...N.H. & H.R.R. , 62 F.2d 500, 502 (2d Cir. 1933) Government of Virgin Islands v. Pinney , 967 F.2d 912 (3rd Cir. 1992) Pursell v. Horn , 187 F.Supp.2d 260, 356 (W.D. Pa. 2002) (Smith, J.) Tome v. United States , 513 U.S. 150 (1995) United States v. Bao , 189 F.3d 860 (9th Cir. 1999) United S......