Legal Opinion

Clayton Thomas v. Ben Varner the District Attorney of the County of Philadelphia the Attorney General of the State of Pennsylvania

Court of Appeals for the Third Circuit

Decided November 4, 2005No. 04-2856PublishedCited by 147 opinions

1Opinion of the Court

FUENTES, Circuit Judge.

Following a jury trial, Clayton Thomas was convicted of the shooting death of Harry James, the owner of a speakeasy in Philadelphia. He was also convicted of crimes related to the wounding of Peter Fuller, a patron of the speakeasy. Thomas alleges that his identification by Fuller was tainted by an unconstitutionally suggestive photo array and that his trial counsel was ineffective for failing to move to suppress or otherwise object to Fuller’s identification at trial. After finding defense counsel’s performance deficient, the District Court issued a writ of habeas…

2Cases cited24 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Bruton v. United StatesSupreme Court of the United States · 1968
  3. Simmons v. United StatesSupreme Court of the United States · 1968
  4. Neil v. BiggersSupreme Court of the United States · 1972
  5. Kimmelman v. MorrisonSupreme Court of the United States · 1986

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3Cited by147 opinions

  1. Thomas v. HornCourt of Appeals for the Third Circuit · 2009
  2. Taylor v. HornCourt of Appeals for the Third Circuit · 2007
  3. Palmer v. HendricksCourt of Appeals for the Third Circuit · 2010
  4. Soriba Fadiga v. Attorney General USACourt of Appeals for the Third Circuit · 2007
  5. Jeffrey Workman v. Superintendent Albion SCICourt of Appeals for the Third Circuit · 2019

142 more not listed; retrieve them via the Exa API.

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