United States Third Circuit

Grant of a habeas petition vacating petitioner's death sentence is vacated and remanded to the extent that the writ was granted on the basis of Mills v. Maryland, 486 U.S. 367 (1988), where Beard v. Banks, 126 S.Ct. 2572 (2006), held that Mills was not retroactively applicable on collateral review. A denial of habeas relief on guilt phase claims is affirmed over claims of error regarding: 1) a failure to preserve voir dire transcripts; 2) a Batson claim; 3) whether a confession was involuntary and the product of an unconstitutional waiver; 4) ineffective assistance of counsel; 5) prosecutorial misconduct; and 6) cumulative error.

Appellate Information

• Argued 10/16/2007
• Decided 01/24/2008
• Published 01/24/2008

Judges

• Before:  AMBRO, SMITH, and COWEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Marilyn F. Murray (Argued), Thomas W. Dolgenos, Office of District Attorney, Three South Penn Square, Philadelphia, PA, for Martin Horn, et al., Matthew C. Lawry, Billy H. Nolas (Argued), Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, PA, for Henry Fahy.