The case of Emanon Shannon, who was serving a near-life sentence of 45 to 90 years. Shannon had exhausted his state appeals, nearing the end of his chance to secure legal relief, and was without an attorney when the U.S. Court of Appeals for the Third Circuit appointed Ellenberger to represent him in his habeas corpus appeal.

She discovered that a meritorious claim warranted a remand to the district court, and while the typical response would have been to suit up for a lengthy, contentious legal battle, Ellenberger saw that the equities of the case merited a negotiated resolution because of the harshness of Shannon’s sentence and the strength of the viable legal claim. To avoid years of burdensome habeas corpus litigation when a resolution would provide the parties with immediate certainty, Ellenberger approached the commonwealth with a settlement concept. While settlement of a state conviction in federal court is virtually unprecedented, she was able to forge a legal path to resolution, first approved by the district court and next the state court in the form of a reduced sentence.

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