Legal Opinion
Neely v. Zimmerman
Court of Appeals for the Third Circuit
Decided October 3, 1988No. 87-1781PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
MANSMANN, Circuit Judge.
A state prisoner challenges his Pennsylvania conviction in a petition for writ of habeas corpus, 28 U.S.C. § 2254(b) (1982), alleging that his constitutional right to counsel was abridged during a custodial interrogation.
We decline to consider the district court’s resolution of the merits of the prisoner’s claim, and, instead, affirm the dismissal of the petition on the alternate rationale that an “independent and adequate state procedural ground” as per Wainwright v. Sykes, 433 U.S. 72, 87, 97 S.Ct. 2497, 2506, 53 L.Ed.2d 594 (1977), precludes…
2Cases cited13 opinions
- Murray v. CarrierSupreme Court of the United States · 1986
- Wainwright v. SykesSupreme Court of the United States · 1977
- Rose v. LundySupreme Court of the United States · 1982
- Massiah v. United StatesSupreme Court of the United States · 1964
- Henry v. MississippiSupreme Court of the United States · 1965
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Morse v. Lower Merion School DistrictCourt of Appeals for the Third Circuit · 1997
- Mark v. Borough of HatboroCourt of Appeals for the Third Circuit · 1995
- Mark v. Borough of HatboroCourt of Appeals for the Third Circuit · 1995
- Menkowitz v. Pottstown Memorial Medical CenterCourt of Appeals for the Third Circuit · 1998
- Bond v. FulcomerCourt of Appeals for the Third Circuit · 1989
15 more not listed; retrieve them via the Exa API.