United States Third Circuit

District court's denial of defendant's petition for habeas relief for his convictions for second degree murder, robbery, and conspiracy, is affirmed as, "clearly established federal law" should be determined as of the date of the relevant state court decision, and here, the Supreme Court decision that defendant wishes to rely on, Gray v. Maryland, 523 U.S. 185 (1998), had not yet been decided at the time of the relevant state court decision.

Appellate Information

• Argued 03/08/2010
• Decided 05/28/2010
• Published 05/28/2010

Judges

• Before: AMBRO, SMITH, and MICHEL, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Isabel K. McGinty, (Argued), Highstown, NJ, Counsel for Appellant.


• For Appellees:
  
• Susan E. Affronti, (Argued), Philadelphia, PA, Counsel for Appellees.