United States Third Circuit
Outten v. Kearney, 04-9003
Petition for writ of habeas corpus in a first degree murder capital punishment case is granted and the case remanded for resentencing where counsel's failure to conduct a reasonable investigation of defendant's background in anticipation of his capital sentencing violated his Sixth Amendment right to effective assistance of counsel.
Appellate Information
- Argued 07/27/2006
- Decided 09/28/2006
- Published 09/28/2006
Judges
- Before: RENDELL, AMBRO and FUENTES, Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- Ricardo Palacio, Esquire, Andrew D. Cordo, Esquire, Ashby & Geddes, John P. Deckers, Esquire (Argued), Wilmington, DE, for Appellant.
- For Appellees:
- Thomas E. Brown (Argued), Deputy Attorney General, Department of Justice, Wilmington, DE, for Appellee.