U. S. A. Ex Rel. Fred Richardson v. Frank C. Johnston

Third Circuit

U. S. A. Ex Rel. Fred Richardson v. Frank C. Johnston

458 F.2d 392, 1972 U.S. App. LEXIS 10269

Court of Appeals for the Third Circuit·Decided April 5, 1972·No. 71-1409·Published

Opinion

OPINION OF THE COURT

PER CURIAM:

In this habeas corpus case brought by a state prisoner, a certificate of probable cause was issued by the dis *393 trict court to afford this court an opportunity to consider the district court’s ruling that Coleman v. Alabama, 399 U.S. 1, 90 S.Ct. 1999, 26 L.Ed.2d 387 (1970), was not retroactive. It is not retroactive. Adams v. Illinois, 405 U.S. 278, 92 S.Ct. 916, 30 L.Ed.2d 202 (1972); United States ex rel. Walker v. Maroney, 444 F.2d 47 (3d Cir. 1971).

We have also considered the district court’s treatment of the competency of counsel issue. We find that the court correctly judged the attorney’s performance in accordance with the normal competency standard of Moore v. United States, 432 F.2d 730, 737 (3d Cir. 1970).

The judgment of the district court will be affirmed.

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OPINION OF THE COURT

PER CURIAM:

In this habeas corpus case brought by a state prisoner, a certificate of probable cause was issued by the dis *393 trict court to afford this court an opportunity to consider the district court’s ruling that Coleman v. Alabama, 399 U.S. 1, 90 S.Ct. 1999, 26 L.Ed.2d 387 (1970), was not retroactive. It is not retroactive. Adams v. Illinois, 405 U.S. 278, 92 S.Ct. 916, 30 L.Ed.2d 202 (1972); United States ex rel. Walker v. Maroney, 444 F.2d 47 (3d Cir. 1971).

We have also considered the district court’s treatment of the competency of counsel issue. We find that the court correctly judged the attorney’s performance in accordance with the normal competency standard of Moore v. United States, 432 F.2d 730, 737 (3d Cir. 1970).

The judgment of the district court will be affirmed.

U. S. A. Ex Rel. Fred Richardson v. Frank C. Johnston, 458 F.2d 392, 1972 U.S. App. LEXIS 10269 (3d Cir. 1972).

Pincite

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Opinion

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