Legal Opinion
Neil Morrison v. Irwin I. Kimmelman, Attorney General of New Jersey and John J. Rafferty, Superintendent, Rahway State Prison
Court of Appeals for the Third Circuit
Decided January 18, 1985No. 84-5138PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
JOSEPH S. LORD, III, District Judge,
sitting by designation.
I
Introduction
This appeal from an order of the district court granting petitioner’s habeas corpus petition presents three issues. First, does the rule of Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976), barring collateral review of a Fourth Amendment claim preclude our consideration of petitioner’s Sixth Amendment claim that he was denied effective assistance of counsel? Second, if we may review petitioner’s claim, did his “counsel’s representation fall below an objective standard of…
2Cases cited18 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Wainwright v. SykesSupreme Court of the United States · 1977
- Stone v. PowellSupreme Court of the United States · 1976
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Kimmelman v. MorrisonSupreme Court of the United States · 1986
- United States v. Tyrone Anthony GrayCourt of Appeals for the Third Circuit · 1989
- Francis Ordean Reese v. Thomas A. FulcomerCourt of Appeals for the Third Circuit · 1991
- Clayton Thomas v. Ben Varner the District Attorney of the County of Philadelphia the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2005
- Larry Gene Hull v. Robert M. Freeman Ernest D. Preate, Jr., Attorney GeneralCourt of Appeals for the Third Circuit · 1991
12 more not listed; retrieve them via the Exa API.