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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.
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