United States Third Circuit

Denial of a petition for a writ of habeas corpus is vacated and remanded where: 1) the Pennsylvania Supreme Court ruled that Commonwealth v. Besch, 674 A.2d 655 (Pa. 1996), did not establish a new rule of law for purposes of barring retroactive application to cases on collateral review; 2) consequently, under Besch's holding, it was necessary to vacate defendant's Pennsylvania Corrupt Organizations Act conviction; and 3) a remand was appropriate to address the validity of petitioner's plea.

Appellate Information

• Argued 01/13/2004
• Decided 06/07/2007
• Published 06/07/2007

Judges

• Before:  BECKER, ALITO, and CHERTOFF, Circuit Judges., Before:  SLOVITER, McKEE, and CHAGARES, Circuit Judges .

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Peter A. Levin (Argued), Philadelphia, PA, Attorney for Appellant.


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