United States Third Circuit

Denial of habeas relief following conviction for first degree murder is reversed and remanded where: 1) trial court's application of Strickland to plaintiff's ineffective assistance of counsel claim was not objectively reasonable; and 2) plaintiff is entitled to an evidentiary hearing, as he has shown enough to demonstrate that an evidentiary hearing would have the potential to advance his claim to habeas relief.

Appellate Information

• Argued 02/03/2009
• Decided 03/25/2009
• Published 03/25/2009

Judges

• Before:  McKEE and STAPLETON, Circuit Judges, and IRENAS, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Lisa B. Freeland, (Argued), Office of Federal Public Defender, Pittsburgh, PA, Attorney for Appellant.


• For Appellees:
  
• David J. Kaltenbaugh, (Argued), Office of the District Attorney, Ebensburg, PA, Attorney for Appellees.