Constant v. Pennsylvania Department of Corrections

MEMORANDUM OPINION

CYNTHIA REED EDDY, United States Magistrate Judge.

I. INTRODUCTION

For the reasons set forth below, Edward Constant’s Petition for Writ of Habeas Corpus will be denied in part and granted in part.

A. Double Jeopardy And Ineffective Assistance Of Counsel

Federal habeas relief is not warranted on petitioner’s claim that trial counsel was ineffective under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), for waiving a Double Jeopardy challenge to his retrial. After a guilty verdict but before sentencing, trial counsel successfully moved for a new trial…