United States Third Circuit

Plain error review is appropriate where a party fails to timely object to a magistrate judge's report and recommendation (R&R) in habeas corpus cases. Grant of a petition for habeas relief in a murder case is affirmed where: 1) plain error review applied; 2) petitioner properly exhausted his incompetency claim; 3) the district court correctly found that the commonwealth failed to show petitioner defaulted his claim; and 4) there was no plain error in a finding that petitioner was incompetent when he pleaded guilty to murdering his wife and mother-in-law.

Appellate Information

• Decided 05/08/2007
• Published 05/08/2007

Judges

• Before SMITH, WEIS, and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Christopher D. Carusone, Office of the Attorney General of Pennsylvania, Harrisburg, PA, for Appellant.


• For Appellees:
  
• Lisa B. Freeland, Office of the Federal Public Defender, Pittsburgh, PA, for Appellee.