(DOWNLOAD) "Hull V. Kyler" by Third Circuit U.S. Court Of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Hull V. Kyler
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 23, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
This habeas corpus case is before us for the third time. Twenty years ago, petitioner Larry Gene Hull was convicted of first-degree murder in a Pennsylvania state court and sentenced to life imprisonment. For the past thirteen years, Hull has sought to have that conviction overturned on the ground that he received ineffective assistance of counsel at a pretrial competency hearing. Although the state courts have rejected his ineffectiveness claim, we have held that his counsel's performance was constitutionally deficient. See Hull v. Freeman, 932 F.2d 159, 168-69 (3d Cir. 1991) ["Hull I"]. However, we have also held that Hull procedurally defaulted this claim. See Hull v. Freeman, 991 F.2d 86, 90 (3d Cir. 1993) ["Hull II"]. The primary issues in the present appeal are whether the Pennsylvania courts have waived Hull's procedural default, and whether, if they have, he has demonstrated that his counsel's deficient performance was prejudicial under Strickland v. Washington, 466 U.S. 668 (1984).
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