United States Third Circuit

In a capital-murder case, denial of petition for habeas relief as to defendant's conviction, and grant of relief as to his death sentence, are affirmed where: 1) defendant's Batson claim had been fully considered and properly rejected by state courts; 2) prosecutor's Bruton violations, in which he identified defendant as the party named in a co-defendant's confession, were harmless error; 3) jury instructions were proper; but 4) defendant's counsel for the penalty phase performed inadequately by failing to investigate fully defendant's background and mental health, and defendant was prejudiced by this failure.

Appellate Information

• Argued 04/08/2008
• Decided 08/20/2008
• Published 08/20/2008

Judges

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

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Maureen Kearney Rowley, Chief Federal Defender, Michael Wiseman (Argued), Assistant Federal Defender, Stuart Lev, Assistant Federal Defender, Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, PA, Counsel for Jesse Bond., Thomas W. Dolgenos (Argued), Chief, Federal Litigation, Helen T. Kane, Assistant District Attorney, Ronald Eisenberg, Deputy District Attorney, Law Division, Arnold H. Gordon, First Assistant District Attorney, Lynne Abraham, District Attorney, Philadelphia, PA, Counsel for Jeffrey Beard, et al.