United States Third Circuit

Denial of plaintiff's habeas petition is reversed where his trial counsel rendered ineffective assistance during the guilt phase by failing to adequately investigate, prepare, and present mental health evidence in support of his diminished capacity defense.

Appellate Information

• Argued 06/08/2004
• Decided 01/20/2005
• Published 01/20/2005

Judges

• Before SCIRICA, Chief Judge, McKEE and FUENTES, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Stuart B. Lev, (Argued), Matthew C. Lawry, Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, for Appellant.


• For Appellees:
  
• Jonelle H. Eshbach, (Argued), Office of Attorney General of Pennsylvania, Harrisburg, for Appellees.