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Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief

by Douglas Ankney

The U.S. Court of Appeals for the Third Circuit took the unusual step of ordering the U.S. District Court for the Western District of Pennsylvania to hold an evidentiary hearing on state prisoner Khamal Fooks’ 28 U.S.C. § 2254 petition for writ of habeas corpus.

Fooks pleaded guilty ...

 

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