United States Third Circuit

The district court's dismissal of petitioner's habeas corpus petition alleging ineffective assistance of counsel claim is affirmed, where: 1) the Pennsylvania Superior Court's determination that petitioner's claim was procedurally defaulted because he failed to raise it when first represented by new counsel was an exorbitant application of an otherwise independent and adequate state rule and as such, it cannot bar federal review of petitioner's claim; but 2) on the merits, petitioner has not demonstrated ineffective assistance of counsel.

Appellate Information

• Decided 07/31/2013
• Published 07/31/2013

Judges

• AMBRO

Court

• United States Third Circuit

Counsel