Legal Opinion

DURN v. Rozum

District Court, E.D. Pennsylvania

Decided October 9, 2007No. Civil Action 07-1725PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

FULLAM, Senior District Judge.

United States Magistrate Judge Carol Sandra Moore Wells, to whom this habeas corpus case was referred, has filed a comprehensive report recommending that the petitioner be allowed to pursue a direct appeal. The respondents have filed objections.

The petitioner did not file a direct appeal, a failing that the petitioner attributes to ineffective assistance of counsel. The Magistrate Judge correctly found error in the state court’s failure to apply the standard articulated in Roe v. Flores-Ortega, 528 U.S. 470, 120 S.Ct. 1029, 145 L.Ed.2d 985…

2Cases cited18 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Miller-El v. CockrellSupreme Court of the United States · 2003
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  5. Roe v. Flores-OrtegaSupreme Court of the United States · 2000

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3Cited by1 opinion

  1. Commonwealth v. MarkowitzSuperior Court of Pennsylvania · 2011

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