John Kenneth Henderson v. Frederick Frank, Superintendent Thomas W. Corbett, Jr., Attorney General John K. Henderson

I agree with the majority of the court that: (1) the AEDPA does not apply in this case, (2) Henderson has exhausted his claims, (3) the uncounseled suppression hearing conducted by the Court of Common Pleas violated Henderson’s constitutional rights, and (4) we are therefore obliged to order the district court to issue the writ of habeas corpus. I part company with the panel majority on the one substantial issue in this appeal: the remedy that must be afforded Henderson “to correct the constitutional violation found by the court.” Hilton v. Braunskill, 481 U.S. 770, 775, 107 S.Ct. 2113, 95…