[DOWNLOAD] "Matteo v. Superintendent" by Third Circuit U.S. Court Of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Matteo v. Superintendent
- Author : Third Circuit U.S. Court Of Appeals
- Release Date : January 24, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 93 KB
Description
Like our sister courts of appeals, we are asked to determine the appropriate standard of review governing petitions for a writ of habeas corpus. Anthony Matteo seeks habeas relief from his state convictions for first degree murder, robbery, theft, and possession of marijuana, contending the Commonwealth of Pennsylvania violated his Sixth Amendment right to counsel by using incriminating statements he made in two telephone conversations from prison to an outside informant. In evaluating Matteos petition, the en banc court must interpret the standard of review provision incorporated into 28 U.S.C. § 2254(d) by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), which revised the standard of review for habeas corpus petitions. We hold that the revised statute mandates a two-part inquiry: first, the federal court must inquire whether the state court decision was "contrary to" clearly established federal law, as determined by the Supreme Court of the United States; second, if it was not, the federal court must evaluate whether the state court judgment rests upon an objectively unreasonable application of clearly established Supreme Court jurisprudence. Applying this analysis, we will affirm the District Courts dismissal of Matteos habeas petition.
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