United States Third Circuit

In a habeas proceeding, a district court order granting petitioner an evidentiary hearing to determine whether he was mentally incompetent on the day of his plea and sentencing before a military court-martial is reversed where, when a federal civilian court reviews a habeas corpus petition of a servicemember convicted in the military courts, the court must deny relief provided that the military courts gave full and fair consideration to the claim or claims asserted in the habeas petition.

Appellate Information

• Argued 10/01/2008
• Decided 11/28/2008
• Published 11/28/2008

Judges

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

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas E. Booth (Argued), United States Department of Justice, Appellate Section, Washington, DC, Rebecca R. Haywood, Office of United States Attorney, Pittsburgh, PA, for Appellant.


• For Appellees:
  
• Thomas W. Patton (Argued), Office of Federal Public Defender, Erie, PA, for Appellee.