United States Third Circuit

Denial of an inmate's habeas corpus petition is affirmed where: 1) defendant knowingly and voluntarily waived his right to both direct and collateral appeals in his plea agreement; 2) counsel's failure to file an appeal upon defendant's request did not give rise to a presumption that the waiver worked a "miscarriage of justice"; and 3) on the facts presented, no miscarriage of justice resulted from the waiver.

Appellate Information

• Argued 03/27/2008
• Decided 07/28/2008
• Published 07/28/2008

Judges

• Before:  McKEE, RENDELL and TASHIMA, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David R. Fine, Esq. Andrew L. Swope, Esq. [Argued], Kirkpatrick & Lockhart Preston Gates Ellis, Harrisburg, PA, for Appellant.


• For Appellees:
  
• John J. McCann, Esq., Office of United States Attorney, Williamsport, PA, Theodore B. Smith, III, Esq. [Argued], Office of United States Attorney, Harrisburg, PA, for Appellee.