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TAIT v. WALSH et al

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

KAMAL TAIT, DY-8544, Petitioner, v. SUPT. WALSH, et al., Respondents.

) ) ) ) 2:09-cv-1603 ) ) )

Memorandum and Order Mitchell, M.J.: Kamal Tait has presented a petition for a writ of habeas corpus. For the reasons set forth below, the petition will be dismissed and because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability will be denied. Tait is presently incarcerated at the State Correctional Institution at Dallas serving a twenty-eight and a half to fifty-seven year sentence imposed following his conviction by a jury of third degree murder, accidents involving death and personal injury, homicide by vehicle, fleeing or attempting to elude police, possessing a firearm without a license, recklessly endangering another person, simple assault, persons not to possess firearms, driving under the influence of alcohol or a controlled substance, homicide by vehicle while driving under the influence and several summary offense. This sentence was imposed on January 13, 2000.1 An appeal was taken to the Superior Court in which the issues presented were: I. Whether the evidence was insufficient to sustain a finding of malice, an element of third degree murder.
1

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