Legal Opinion
Tillery v. Horn
Court of Appeals for the Third Circuit
Decided July 29, 2005No. 03-3616PublishedCited by 3 opinions
1Opinion of the Court
OPINION
COWEN, Circuit Judge.
Appellant Major Tillery appeals from an order of the District Court denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. He argues that the petition should have been granted because his trial counsel labored under an actual conflict of interest. We conclude that the claim is procedurally defaulted, and that Tillery has not established actual prejudice.
I
As we write solely for the parties, we briefly review the procedural background. On May 29, 1985, following a jury trial, Tillery was convicted of first-degree murder and related crimes. The case…
2Cases cited19 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Murray v. CarrierSupreme Court of the United States · 1986
- Wainwright v. SykesSupreme Court of the United States · 1977
- United States v. FradySupreme Court of the United States · 1982
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3Cited by3 opinions
- Henry v. PierceDistrict Court, D. Delaware · 2020
- ROTH V. SHERRY YATESSDistrict Court, D. New Jersey · 2019
- State v. ThompsonSuperior Court of Delaware · 2022