United States Third Circuit

Conditional grant of habeas relief from a conviction for criminal conspiracy, possession of an instrument of crime, and robbery of a motor vehicle, based on failure of petitioner's speedy appeal right is reversed where: 1) the district court erred in engaging in speculative, independent factfinding contrary to the determinations of the state courts below that petitioner failed to file a timely notice of appeal; and 2) a presumption of correctness should have been applied to those findings with the burden on petitioner to provide evidence to the contrary.

Appellate Information

• Decided 12/13/2007
• Published 12/13/2007

Judges

• Before:  SLOVITER, CHAGARES, and HARDIMAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas W. Dolgenos, Susan E. Affronti, Office of District Attorney, Philadelphia, PA, Attorneys for Appellants.


• For Appellees:
  
• Richard A. Washington, Somerset, PA, Appellee Pro Se.