Legal Opinion

Gary Lee Hess v. J.F. Mazurkiewicz, Supt. The Attorney General of the Commonwealth of Pennsylvania

Court of Appeals for the Third Circuit

Decided February 9, 1998No. 96-3350PublishedCited by 32 opinions

1Opinion of the Court

OPINION OF THE COURT

LEWIS, Circuit Judge.

Gary Lee Hess appeals from the district court’s denial of his habeas corpus petition, raising two related claims. First, he alleges that trial counsel’s performance was deficient due to a decision not to call certain witnesses. Second, Hess contends that his lawyer labored under a conflict of interest caused by his simultaneous representation of the victims’ father in another case, and that this conflict impermissibly tainted counsel’s performance during Hess’s trial. We conclude that Hess’s attorney did not violate objective professional standards by…

2Cases cited15 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Cuyler v. SullivanSupreme Court of the United States · 1980
  3. United States v. PungitoreCourt of Appeals for the Third Circuit · 1990
  4. Government of the Virgin Islands v. Zepp, Jo-Ann. Appeal of Jo Ann ZeppCourt of Appeals for the Third Circuit · 1984
  5. United States v. John P. MosconyCourt of Appeals for the Third Circuit · 1991

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3Cited by32 opinions

  1. Leyva v. WilliamsCourt of Appeals for the Third Circuit · 2007
  2. Edward Lamonte Duncan v. Willis Morton, Administrator Attorney General of the State of New Jersey, John J. Farmer, Jr. Edward L. DuncanCourt of Appeals for the Third Circuit · 2001
  3. United States v. Morelli, Anthony, (d.c. Crim. No. 93-Cr-00210-1), in No. 96-5144. United States of America v. Igor Roizman, A/K/A Little Igor, (d.c. Crim. No. 93-Cr-00210-10), Igor Roizman in No. 96-5389Court of Appeals for the Third Circuit · 1999
  4. Larry Gene Hull v. Kenneth Kyler, Superintendent Pa Attorney GeneralCourt of Appeals for the Third Circuit · 1999
  5. Marshall v. HendricksDistrict Court, D. New Jersey · 2000

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