United States Third Circuit

In a capital-murder case, petition for a writ of habeas corpus is granted where: 1) the time period for filing the petition was tolled during state-court proceedings, and the federal petition was therefore timely; 2) the state fugitive-forfeiture rule did not apply to procedurally default the petition; 3) the jury instructions and verdict sheet that were used during the penalty phase of petitioner's trial denied him due process of law pursuant to Mills v. Maryland, 486 U.S. 367 (1988); and 4) petitioner was denied the effective assistance of counsel during the penalty phase.

Appellate Information

• Argued 10/15/2007
• Decided 09/03/2008
• Published 09/03/2008

Judges

• Before:  McKEE, FUENTES, and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellees:
  
• Matthew C. Lawry, Esq. (Argued), Maria K. Pulzetti, Esq. (Argued), Stephen L. Marley, Esq., Maureen K. Rowley, Esq., Phila., PA, for Appellee/Cross-Appellant., David Curtis Glebe, Esq. (Argued), Assistant District Attorney, Thomas W. Dolgenos, Esq., Chief, Federal Litigation, Chief of Appeals, Ronald Eisenberg, Esq., Deputy, Law Division, Lynne Abraham, Esq., District Attorney, Phila., PA, for Appellant/Cross-Appellees.