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In Habeas Appeal, Third Circuit Addresses Standard of Review and Other Legal Issues

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

The Third Circuit addressed several legal issues in the context of a habeas appeal in Thomas v. Horn et al, Nos. 05-9006 & 9008 (3d Cir. July1, 2009).The petitioner, Brian Thomas, was convicted in the Philadelphia Court of Common Pleas in 1986, of murder in the first degree, rape, and other crimes, and the jury sentenced him to death. Thomas was unsuccessful on state court direct appeal and in his state court petition for post-conviction relief. He then petitioned the District Court for habeas relief under 28 U.S.C. § 2254, raising a total of 23 issues, as to both the guilt-phase of his trial and his sentencing.The District Court vacated Thomas?s sentence on the grounds that trial counsel was ineffective for failing to investigate and present mitigating evidence, and that Thomas?s purported waiver of his right to present mitigating evidence was not made knowingly and intelligently...continue to full post

Full post as published by Third Circuit Blog on July 09, 2009 (boomark / email).