Legal Opinion

Charles Vincent Fountain v. Kenneth D. Kyler Attorney General for the Commonwealth of Pennsylvania

Court of Appeals for the Third Circuit

Decided August 25, 2005No. 03-4777PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Circuit Judge.

In this case, we are asked to extend the jurisprudence regarding ineffective assistance of counsel to counsel’s failure to predict the Pennsylvania Supreme Court’s later ruling regarding the non-retroactivity of an amended death penalty statute. We decline to extend the law that far.

Charles Vincent Fountain, who is currently serving a life sentence for a 1976 homicide, appeals from the denial by the United States District Court for the Middle District of Pennsylvania of his application for a writ of habeas corpus. After the District Court’s denial,…

2Cases cited32 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Teague v. LaneSupreme Court of the United States · 1989
  4. Roe v. Flores-OrtegaSupreme Court of the United States · 2000
  5. Dobbert v. FloridaSupreme Court of the United States · 1977

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3Cited by9 opinions

  1. United States v. OteroCourt of Appeals for the Third Circuit · 2007
  2. Greene v. PalakovichCourt of Appeals for the Third Circuit · 2010
  3. Harrington v. GillisCourt of Appeals for the Third Circuit · 2006
  4. Harrington v. GillisCourt of Appeals for the Third Circuit · 2006
  5. Greene v. PALAKOVICHDistrict Court, E.D. Pennsylvania · 2007

4 more not listed; retrieve them via the Exa API.

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