United States Third Circuit

Where the issue on which a district court grants an evidentiary hearing to a habeas petitioner is whether he can establish an excuse for his procedural default, that issue is not one for which the defendant "failed to develop" a record in state court and, under 28 U.S.C. section 2254(e)(2), he may be granted an evidentiary hearing to establish cause and prejudice or a miscarriage of justice to excuse procedural default at the state level.

Appellate Information

• Argued 11/14/2000
• Decided 02/27/2002
• Published 02/27/2002

Judges

• Before: SLOVITER, AMBRO and WEIS, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Marilyn F. Murray (Argued), Thomas W. Dolgenos, Ronald Eisenberg, Arnold H. Gordon, Lynne Abraham, District Attorney Philadelphia, PA, Counsel for Appellants.


• For Appellees:
  
• Elizabeth K. Ainslie (Argued) Jennifer A. Diamantis, Schnader, Harrison, Segal & Lewis, LLP, Philadelphia, PA, Counsel for Appellee.