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In re Pendleton

United States Court of Appeals, Third Circuit

October 3, 2013

In re: MICHAEL J. PENDLETON, Petitioner in Case No. 12-3617
v.
In re: FRANKLIN X. BAINES, Petitioner in Case No. 12-3996 In re: COREY GRANT, Petitioner in Case No. 13-1455

Argued on September 10, 2013

On Applications for Leave to File a Second or Successive Habeas Petition pursuant to 28 U.S.C. Section 2244(b) No. 12-3617 related to W.D. Pa. No. 12-cv-00195 before the Honorable Kim R. Gibson, District Judge and Honorable Keith A. Pesto, Magistrate Judge No. 12-3996 related to E.D. Pa. No. 12-cv-05672 before the Honorable Edmund V. Ludwig No. 13-1455 related to D. N.J. No. 06-cv-05952 before Honorable Harold A. Ackerman.

Lisa B. Freeland, Esquire (Argued) Federal Public Defender Western District of Pennsylvania Office of Federal Public Defender Counsel for Petitioner Michael J. Pendleton.

Stephen A. Zappala, Jr., Esquire District Attorney Michael W. Streily, Esquire Deputy District Attorney Rusheen R. Pettit, Esquire (Argued) Assistant District Attorney Allegheny County Office of the District Attorney Counsel for Respondent Gerald Rozum, Superintendent at SCI Somerset.

David R. Fine, Esquire (Argued) George A. Bibikos, Esquire K&L Gates, LLP Counsel for Petitioner Franklin X. Baines

R. Seth Williams, Esquire District Attorney Hugh J. Burns, Jr., Esquire Chief, Appeals Unit Thomas W. Dolgenos, Esquire Chief, Federal Litigation Ronald Eisenberg, Esquire (Argued) Deputy District Attorney Edward F. McCann, Jr., Esquire First Assistant District Attorney Philadelphia County Office of District Attorney Counsel for Respondents Louis S. Folino, Superintendent, SCI, Green; The Attorney General of the Commonwealth of Pennsylvania.

Marc Bookman, Esq. Atlantic Center for Capital Representation Counsel for the Atlantic Center for Capital Representation, Amicus Petitioner.

Bradley S. Bridge, Esq. Defender Association of Philadelphia Counsel for the Defender Association of Philadelphia, Amicus Petitioner.

Marsha L. Levick, Esq. Juvenile Law Center of Philadelphia Counsel for the Juvenile Law Center of Philadelphia, Amicus Petitioner.

David B. Glazer, Esquire (Argued) Glazer & Luciano Counsel for Petitioner Corey Grant.

Paul J. Fishman, Esquire United States Attorney Mark E. Coyne, Esquire Assistant United States Attorney Chief, Appeals Division Steven G. Sanders, Esquire (Argued) Assistant United States Attorney Office of United States Attorney Counsel for Respondent United States of America.

Before: RENDELL, JORDAN and GREENAWAY, JR., Circuit Judges.

PER CURIAM

In Miller v. Alabama, 132 S.Ct. 2455, 2460 (2010), the Supreme Court held that "mandatory life without parole for those under the age of 18 at the time of their crimes violates the Eighth Amendment's prohibition on „cruel and unusual punishments.'" Corey Grant, Franklin X. Baines, and Michael J. Pendleton (collectively, "Petitioners"), each of whom claims to be serving a mandatory sentence of life without the possibility of parole for offenses committed as juveniles, seek our authorization to file successive habeas corpus petitions under 28 U.S.C. §§ 2254 (for Baines and Pendleton) and 2255 (for Grant) to raise Miller claims. Both Baines and Pendleton were convicted in state court in Pennsylvania, and ...


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