1995 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

8-16-1995

In Re: Leon Moser (II)

Precedential or Non-Precedential:

Docket 95-9004

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Recommended Citation

"In Re: Leon Moser (II)" (1995). 1995 Decisions. Paper 221.

http://digitalcommons.law.villanova.edu/thirdcircuit_1995/221
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 UNITED STATES COURT OF APPEALS 

FOR THE THIRD CIRCUIT 

___________ 

No. 95-9004 

___________ 

In Re: Leon Moser (II) 

___________ 

 (E.D. PA D.C.Civil No. 95-cv-05175) 

Argued August 16, 1995 

Before: MANSMANN, COWEN and NYGAARD, Circuit Judges

 (Filed August 16, l995) 

 ___________ 

ORDER OF THE COURT 

__________ 

Per Curiam. 

 By order entered August 14, 1995, the District Court 

granted a stay of execution of death sentence, directed an 

independent psychiatric evaluation of Mr. Leon Moser, and 

appointed CJA counsel for the purpose of reporting to the Court 

with respect to Mr. Moser's present competency. The State 

appealed, and by per curiam opinion entered August 15, 1995, we 

affirmed the order of the District Court at C.A.No. 95-9003. Upon 

consideration of the State's motion to vacate the stay of 

execution, the Supreme Court of the United States granted the 

State's motion and vacated the stay. The Pennsylvania Post-
2 

Conviction Defender Organization filed renewed motions for relief 

in the District Court on August 16, 1995 which were denied by 

order dated August 16, 1995 at 1:55 a.m. 

 Presented to us are a request for certificate of 

probable cause and for a stay of execution. 

 Upon consideration of the written submissions of the 

parties and the record of the District Court, and this Court 

having adopted expedited procedures in order to consider the 

merits of an appeal along with the motion for stay, Barefoot v. 

Estelle, 463 U.S. 880, 893 (1983); 3rd Cir. L.A.R. 111.6 (1993), 

it is hereby ordered by this Court that the request for 

certificate of probable cause is granted and the request for a 

stay on this record is denied. 

 We hereby remand the matter to the district court for 

an immediate hearing on all outstanding merits issues including 

inter alia: the standing of the Reverend Holland to act as Mr. 

Moser's next friend and a possible amendment to include Mr. 

Moser's brother as a next friend if an appropriate petition 

should be filed; the competency of Mr. Moser which may require 

that the district court order the State to produce Mr. Moser in 

the court's presence and that any mental health records of Mr. 

Moser relevant to the issue of his competency be produced for the 

district court's review; and the issue of deliberate delay. 

 If the district court should determine that a temporary 

stay is warranted based on this newly developed record, we are of 
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the view that the district court has the authority to grant a 

stay of the execution scheduled for 10:00 p.m. this evening.1 

 

 

1 Judge Nygaard expresses no view on the propriety of any 

further stays.