United States Third Circuit

District Court judgment denying plaintiff's petition for habeas corpus and refusing to issue a certificate of appealability is reversed in part where the state clearly and unambiguously waived the exhaustion requirement under 28 U.S.C. sec. 2254(b)(3) when it conceded exhaustion in its answer to plaintiff's habeas petition. Plaintiff's habeas petition should be granted so that he may be resentenced on his two robbery convictions.

Appellate Information

• Decided 07/30/2009
• Published 07/30/2009

Judges

• Before:  BARRY, SMITH, Circuit Judges and RESTANI, Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jihad Abdullah Sharrieff, Trenton, NJ, pro se., Kenneth P. Ply, Office of County Prosecutor Essex County, Newark, NJ, for Ronald H. Cathel.