Workman v. Superintendent — habeas corpus — reversal — Fuentes

In an amended opinion, the Third Circuit today held that a habeas petitioner had shown that his trial counsel provided ineffective assistance of counsel by failing to mount a defense and, while that issue was procedurally defaulted, his post-conviction counsel’s ineffectiveness excused the default. [As I’ve disclosed in prior posts about this case, I did some minor consulting for petitioner’s counsel.]

In the court’s original opinion (and again in an amended one that it also later withdrew) the panel had presumed prejudice from trial counsel’s errors under US v. Cronic, but today the court held that the petitioner had shown prejudice under Strickland v. Washington. I wrote that the prior amended opinion was “puzzling” and that “something seems not quite right here,” and urged readers to stay tuned, so today’s ruling isn’t surprising and strikes me as substantially sounder than the previous ones. So, all’s well that ends well.

Joining Fuentes were Ambro and Restrepo. Arguing counsel were Marshall Dayan of the WDPA FD for the petitioner and Catherine Kiefer of the Philly DA’s office for the superintendent.

Patterson v. Pa. Liquor Control Board — civil — affirmance — Restrepo

The Third Circuit held that the Pennsylvania Liquor Control Board is an arm of the state (arm of the Commonwealth?) entitled to Eleventh Amendment sovereign immunity, affirming dismissal of a former employee’s civil rights suit against it.

Joining Restrepo were Greenaway and Bibas. Arguing counsel were Charles Sipio of Kolman Ely for the former employee and Claudia Tesoro of the PA Attorney General’s office for the LCB.