United States Third Circuit

Where an erroneous instruction, explicitly permitting a jury to impute to appellant an accomplice's intent to kill, was not objected to by appellant's counsel despite relevant law being clearly established at the time, appellant was clearly prejudiced through ineffective assistance of counsel.

Appellate Information

• Decided 05/02/2002
• Published 05/02/2002

Judges

• BEFORE:  SLOVITER, NYGAARD and AMBRO, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Norris E. Gelman, (Argued), Philadelphia, PA, for appellant.


• For Appellees:
  
• Thomas W. Dolgenos, (Argued), Chief, Federal Litigation, Ronald Eisenberg, Deputy District Attorney Law Division, Arnold H. Gordon, First Assistant District Attorney, Office of District Attorney, Philadelphia, PA, for appellees.