United States Third Circuit

Counsel's failure to present mitigating evidence during the penalty phase of the trial constituted ineffective assistance notwithstanding counsel's remarks during closing arguments because juries may only consider evidence and counsel statements are not evidence.

Appellate Information

• Argued 08/16/2000
• Decided 09/21/2001
• Published 09/21/2001

Judges

• Before SLOVITER, RENDELL, and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellees:
  
• Billy H. Nolas, (Argued), Robert B. Dunham, David W. Wycoff, Michael Wiseman, Defender Association of Philadelphia, Philadelphia, PA, Counsel for Appellant/Cross-Appellee Frederic J. Jermyn., Marianne K. Fogelsanger, Amy Zapp, (Argued), Office of Attorney General Of Pennsylvania, Department of Justice, Harrisburg, PA, Counsel for Appellees/Cross-Appellants Martin Horn, Pennsylvania Department of Corrections, Commissioner of the Pennsylvania Department of Corrections;  Ben Varner, Superintendent State Correctional Institution at Greene;  Charles Zimmerman, Superintendent, State Correctional Institution at Waymart;  Joseph P. Mazurkiewicz, Superintendent, State Correctional Institution at Rockview.