Legal Opinion

Joseph D. McMAHON P-7814, Appellant, v. Thomas FULCOMER, Superintendent

Court of Appeals for the Third Circuit

Decided June 8, 1987No. D.C. Civil 85-176E; 86-3494PublishedCited by 90 opinions

1Opinion of the Court

OPINION OF THE COURT

GIBBONS, Chief Judge:

Joseph D. McMahon appeals from the denial of his petition for a writ of federal habeas corpus by the United States District Court for the Western District of Pennsylvania. McMahon sought relief from a state criminal conviction claiming that his sixth amendment right to assistance of counsel had been unconstitutionally infringed. The district court held that the appellant had presented a “mixed” petition, containing both exhausted and unexhausted claims for relief, and thus denied his petition in accordance with Rose v. Lundy, 455 U.S. 509, 102 S.Ct.…

2Cases cited25 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Faretta v. CaliforniaSupreme Court of the United States · 1975
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Gideon v. WainwrightSupreme Court of the United States · 1963

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3Cited by90 opinions

  1. United States v. Rigoberto Moya-Gomez Celestino Orlando Estevez Amado Raphael Leon Adalberto Herrera and Menelao Orlando EstevezCourt of Appeals for the Seventh Circuit · 1988
  2. United States v. Ronald J. GoldbergCourt of Appeals for the Third Circuit · 1995
  3. Holloway v. HornCourt of Appeals for the Third Circuit · 2004
  4. People v. ArguelloSupreme Court of Colorado · 1989
  5. United States v. Michael K. LeggettCourt of Appeals for the Third Circuit · 1998

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