United States Third Circuit

District court's denial of defendant's petition for habeas relief is affirmed where: 1) there was no variance between the victim's testimony and the information and no violation of defendant's due process rights as, in charging that the 1996 rape took place "on or about December," the Commonwealth necessarily charged that the attack may have occurred in November or January as well; and 2) defendant's trial counsel was not ineffective for failing to raise a meritless claim, and a superior court's denial of PCRA relief was neither contrary to nor involved an unreasonable application of clearly established federal law.

Appellate Information

• Argued 01/25/2010
• Decided 03/03/2010
• Published 03/03/2010

Judges

• Before FUENTES and FISHER, Circuit Judges, and DIAMOND,District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Diana Stavroulakis, Esq., [Argued], Pittsburgh, PA, for Appellant.


• For Appellees:
  
• Jeffrey F. Boyles, Esq., [Argued], David J. Maisch, Esq., Office of District Attorney of York County, York, PA, for Appellees.