Home -> Law Blog Directory -> Criminal Law Blogs -> Third Circuit Blog

Criminal Law

: Third Circuit Blog

Superior Court's rejection of IAC claim involved unreasonable application of Strickland & petitioner?s proffer entitled him to evidentiary hearing

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In Siehl v. Grace, No. 07-1568, March 25, 2009, the Court of Appeals reversed the district court?s denial of Siehl?s § 2254 habeas petition and remanded for an evidentiary hearing.Siehl was charged with homicide in state court. The prosecution?s case was based entirely on a fingerprint and bloodstain evidence recovered from the crime scene (the victim?s bathroom). A forensic expert was appointed to assist defense counsel and prepared a preliminary report which, among other things, indicated that the fingerprint was the defendant?s. The report did not, however, make any findings as to the bloodstain evidence and indicated the fingerprint could have been made before the crime occurred. The expert prepared no other reports and was not called to testify...continue to full post

Full post as published by Third Circuit Blog on March 27, 2009 (boomark / email).