United States Third Circuit

In habeas proceedings arising from a conviction and sentence for statutory sexual assault and corruption of a minor, dismissal of the habeas petition based on a finding that petitioner's failure to comply with Pennsylvania's procedural requirements constituted a procedural bar to federal review, is vacated in part as neither Pennsylvania's affidavit rule nor its custody requirement barred consideration of certain of petitioner's claims on the merits.

Appellate Information

• Argued 03/12/2007
• Decided 10/03/2007
• Published 10/03/2007

Judges

• Before FUENTES, VAN ANTWERPEN, and SILER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David L. McColgin, (Argued), Defender Association of Philadelphia, Federal Court Division, Philadelphia, PA, for Appellant.


• For Appellees:
  
• Joshua S. Goldwert, (Argued), Ronald Eisenberg, Office of the District Attorney, Philadelphia, PA, for Appellees.