United States Third Circuit

Defendant's death sentence was improperly vacated by district court on grounds of ineffective assistance of counsel. Defendant may, however, file a successive habeas petition to assert the claim that he may not be executed because of mental retardation.

Appellate Information

• Argued 05/22/2002
• Decided 01/20/2004
• Published 01/20/2004

Judges

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

Court

• United States Third Circuit

Counsel

• For Appellees:
  
• Amy Zapp (Argued), Senior Deputy Attorney General, Office of Attorney General, Harrisburg, PA, for Appellant/Cross-Appellee., Billy H. Nolas (Argued), David W. Wycoff, Michael Wiseman, Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, for Appellee/Cross-Appellant.