Richard K. Wells, K-2894 v. George Petsock, Superintendent

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal from a denial of a habeas corpus petition raises the question whether violation of a state’s statutorily defined deadline to ensure a prompt trial constitutes a deprivation of the defendant’s constitutional right to either a speedy trial or effective assistance of counsel. The petitioner’s murder trial commenced 217 days after his arrest, 37 days beyond Pennsylvania’s 180-day limit. The defendant did not perfect an appeal but filed post-trial motions which were denied. The trial court, 1 on reviewing a post-conviction motion, reversed the…