United States Third Circuit

The court found that defendant's habeas claims regarding ineffective assistance of counsel were not procedurally defaulted because a state law innocence requirement was a substantive rather than procedural provision.

Appellate Information

• Argued 10/15/2003
• Decided 06/30/2004
• Published 06/30/2004

Judges

• Before SLOVITER, ROTH and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Stephen J. Binhak, (Argued), Huntingdon Valley, for Appellant.


• For Appellees:
  
• Marilyn F. Murray (Argued), Assistant District Attorney, Robert M. Falin, Assistant District Attorney, Thomas W. Dolgenos, Chief, Federal Litigation, Ronald Eisenberg, Deputy District Attorney, Arnold H. Gordon, First Assistant District Attorney, Lynn Abraham, District Attorney, Office of District Attorney, Philadelphia, for Appellees.