United States Third Circuit

District court denial of plaintiff's request for a writ of habeas corpus is reversed where: 1) plaintiff received ineffective assistance of counsel for counsel's failure to deal appropriately with the likelihood that plaintiff was incompetent to stand trial; and 2) there was a reasonable probability that plaintiff was prejudiced by the ineffectiveness.

Appellate Information

• Argued 10/30/2008
• Decided 04/29/2009
• Published 04/29/2009

Judges

• Before:  SLOVITER, STAPLETON and TASHIMA, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• H. David Rothman (Argued), Pittsburgh, PA, Attorney for Appellant.


• For Appellees:
  
• Leanne R. Nedza (Argued), William A. Shaw, Jr., Office of District Attorney, Clearfield, PA, Attorneys for Appellees.