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

CourtCourt of Appeals for the Third Circuit

DecidedApril 5, 1972

Docket71-1409

StatusPublished

This text of 458 F.2d 392 (U. S. A. Ex Rel. Fred Richardson v. Frank C. Johnston) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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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

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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