United States Third Circuit

District court's denial of petition for habeas relief by a defendant convicted of multiple crimes related to a 1998 shooting death is affirmed where: 1) defendant failed to make a prima facie showing of the prejudice element of his ineffective assistance of counsel claims; and 2) the district court did not abuse its discretion in declining to convene an evidentiary hearing to resolve defendant's claims.

Appellate Information

• Decided 01/26/2010
• Published 01/26/2010

Judges

• Before SLOVITER, FUENTES, and ALDISERT, Circuit.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Stephen M. Latimer, Esq. (Argued), Loughlin & Latimer, Hackensack, NJ, for Appellant.


• For Appellees:
  
• Jack J. Lipari, Esq. (Argued), Assistant Prosecutor, Atlantic County Prosecutor's Officer, Mays Landing, NJ, for Appellees.