United States Third Circuit

Denial of a petition for a writ of habeas corpus brought by an individual serving a life sentence for second-degree murder is affirmed where: 1) petitioner's lawyer on direct appeal was not constitutionally ineffective in allegedly inadequately presenting a claim that trial counsel was ineffective for failing to call petitioner's alibi witness; 2) prosecutorial misconduct claims were either defaulted or without merit; and 3) erroneous rulings by the trial court on the scope of a witness's cross-examination were not so defective as to amount to constitutional error.

Appellate Information

• Argued 02/27/2006
• Decided 12/26/2006
• Published 12/26/2006

Judges

• SLOVITER, Circuit Judge., Before SLOVITER, FUENTES, and BECKER, Circuit Judges., SLOVITER, FUENTES, and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Barnaby C. Wittels, LaCheen, Dixon, Wittels & Greenberg, Philadelphia, PA, Carole L. McHugh, (Argued), Jenkintown, PA, Attorneys for Appellant.


• For Appellees:
  
• Thomas W. Dolgenos, (Argued), J. Hunter Bennett, Office of District Attorney, Philadelphia, PA, Attorneys for Appellees.