United States Third Circuit

District court's grant of defendant's petition for habeas relief from his death sentence is vacated and remanded as the district court erred in its analysis of the performance prong of Strickland and this error alone requires a reversal. However, defendant is entitled to an evidentiary hearing to develop the record in support of his penalty phase ineffective assistance of counsel claim. District court's conviction of defendant is affirmed where: 1) defendant's Batson claim is rejected as it lacks merit; 2) defendant's guilt phase ineffective assistance of counsel claim is rejected; and 3) defendant's Brady claim is rejected as there can be no Brady violation where the prosecution did not have custody of a bus ticket and where it would not have provided exculpatory evidence.

Appellate Information

• Argued 08/04/2009
• Decided 09/14/2009
• Published 09/14/2009

Judges

• Before: SMITH, FISHER and VAN ANTWERPEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Matthew C. Lawry, Billy H. Nolas (Argued), Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, PA, for Reginald Lewis., Joshua S. Goldwert (Argued), Thomas W. Dolgenos, Ronald Eisenberg, Arnold H. Gordon, Lynne Abraham, Office of the District Attorney, Philadelphia, PA, for Martin Horn, Connor Blaine and Joseph P. Mazurkiewicz.