Nolan v. Wynder

OPINION

BARRY, Circuit Judge.

On June 12, 2008, we granted a certificate of appealability to William J. Nolan permitting him to appeal two aspects of the District Court’s denial of his habeas petition. For the following reasons, we will affirm in part and vacate in part and remand for further proceedings consistent with this Opinion.

I

Because we write solely for the parties’ benefit, we set forth only those facts necessary to our analysis.

In 1991, Nolan was arrested and charged with numerous car thefts in both Lackawanna and Luzerne Counties, Pennsylvania. He pled guilty to the Lackawan-na…