United States Third Circuit

District court's grant of petition for writ of habeas corpus is reversed and remanded where: 1) the court properly determined that petitioner exhausted his Strickland claim in the state courts and that this claim was not procedurally defaulted by Pennsylvania's bar against the relitigation of "previously litigated" claims in PCRA proceedings; 2) petitioner's claim is governed by the test for ineffective assistance of counsel enunciated in Strickland; 3) the court erred in reviewing petitioner's claim de novo as the state courts adjudicated petitioner's claim on the merits and federal habeas relief is subject to the standards prescribed by the Antiterrorism and Effective Death Penalty Act; and 4) the court improperly rejected the Magistrate Judge's finding that petitioner had not demonstrated prejudice as required by Strickland.

Appellate Information

• Argued Array
• Decided 07/31/2009
• Published 07/31/2009

Judges

• Before SLOVITER, CHAGARES and HARDIMAN, Circuit Judges., Before SCIRICA, Chief Judge, SLOVITER, McKEE, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN and HARDIMAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas W. Dolgenos, Esquire (Argued), Susan E. Affronti, Esquire, District Attorney's Office, Philadelphia, PA, for Appellants.


• For Appellees:
  
• Cheryl J. Sturm, Esquire (Argued), Chadds Ford, PA, for Appellee., Matthew C. Lawry, Esquire, Billy H. Nolas, Esquire, Defender Association of Philadelphia, Philadelphia, PA, for Amici Curiae-Appellee, Federal Defender Organization.