Filed: May 02, 1995
Latest Update: Mar. 02, 2020
Summary: Opinions of the United 1995 Decisions States Court of Appeals for the Third Circuit 5-2-1995 In Re: Keith Zettlemoyer Precedential or Non-Precedential: Docket 95-9000 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1995 Recommended Citation "In Re: Keith Zettlemoyer" (1995). 1995 Decisions. Paper 117. http://digitalcommons.law.villanova.edu/thirdcircuit_1995/117 This decision is brought to you for free and open access by the Opinions of the United States
Summary: Opinions of the United 1995 Decisions States Court of Appeals for the Third Circuit 5-2-1995 In Re: Keith Zettlemoyer Precedential or Non-Precedential: Docket 95-9000 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1995 Recommended Citation "In Re: Keith Zettlemoyer" (1995). 1995 Decisions. Paper 117. http://digitalcommons.law.villanova.edu/thirdcircuit_1995/117 This decision is brought to you for free and open access by the Opinions of the United States ..
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Opinions of the United
1995 Decisions States Court of Appeals
for the Third Circuit
5-2-1995
In Re: Keith Zettlemoyer
Precedential or Non-Precedential:
Docket 95-9000
Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1995
Recommended Citation
"In Re: Keith Zettlemoyer" (1995). 1995 Decisions. Paper 117.
http://digitalcommons.law.villanova.edu/thirdcircuit_1995/117
This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova
University School of Law Digital Repository. It has been accepted for inclusion in 1995 Decisions by an authorized administrator of Villanova
University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
No. 95-9000
IN RE: KEITH ZETTLEMOYER
ALDONA DeVETSCO; THOMAS SCHMIDT;
and KEITH ZETTLEMOYER,
Petitioners/Appellants
v.
MARTIN HORN, Commissioner, Pennsylvania
Department of Corrections; and JOSEPH P.
MAZURKIEWICZ, Superintendent of the State
Correctional Institution at Rockview
On Appeal from the United States District Court
For the Middle District of Pennsylvania
(D.C. No. 95-cv-00660)
Argued May 1, 1995
Before: SLOVITER, Chief Judge,
GREENBERG and NYGAARD, Circuit Judges
ORDER AMENDING OPINION OF THE COURT
It is ordered that Footnote 2 in the above opinion,
filed on May 1, 1995, is amended by adding thereto the following:
Chief Judge Sloviter notes: I dissented from this
court's affirmance of the dismissal of the previous
petition for habeas corpus because, inter alia, I would
have required the district court to hold an evidentiary
hearing on Mr. Zettlemoyer's claim of ineffective
assistance of counsel at sentencing. I took the
position that as a result of the "plainly
unenthusiastic case made on behalf of Mr. Zettlemoyer's
life," we had no evidence from any "clergyman, former
employer, teacher, neighbor, or friend who was willing
to come forward to show that despite his crime,
Zettlemoyer's life is still worth
preserving." 923
F.2d at 315. That issue is no longer before us but I
feel compelled to add that after reading Mr.
Zettlemoyer's testimony given in the district court on
April 29, 1995 in the proceeding before us and the
letter of March 28, 1995 that he wrote to counsel for
the State Department of Corrections, I retain my belief
that in other counsel's hands, such as those who have
sought to pursue this petition for habeas corpus, the
sentence may very well have been different.
By the Court,
/s/ Dolores K. Sloviter
Chief Judge
Dated: May 2, 1995