United States Third Circuit

Dismissal of a petition for writ of habeas corpus challenging a conviction for criminal attempt to commit burglary, reckless endangerment of another person, and unlawful possession of a firearm is affirmed where: 1) although defendant was denied his right to counsel at a preliminary hearing in violation of the Sixth Amendment, the denial of counsel was subject to harmless error analysis, even though evidence of an identification made at the hearing was later used against him at trial; 2) no presumption of prejudice applied; and 3) the error was harmless. Additionally, a claim of ineffective assistance is rejected.

Appellate Information

• Argued 10/25/2006
• Decided 03/01/2007
• Published 03/01/2007

Judges

• COWEN, Circuit Judge., Before SMITH, FISHER and COWEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Tyson R. Smith, Esq. (Argued), Winston & Strawn, Washington, DC, for Appellant.


• For Appellees:
  
• Douglas W. Ferguson, Esq. (Argued), Office of District Attorney, Meadville, PA, for Appellee.