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McNEIL v. CUYLER

No. 85-1223.

782 F.2d 443 (1986)

Robert A. McNEIL, Appellant, v. Julius T. CUYLER, Superintendent State Correctional Institution Graterford and the Attorney General of the Commonwealth of Pennsylvania, Leroy Zimmerman, et al. and District Attorney of Chester County.

United States Court of Appeals, Third Circuit.

Decided February 4, 1986.

Attorney(s) appearing for the Case

John L. Lachall (Argued), Lachall, Brion, Cohen & Lawson, West Chester, Pa., for appellant.

Stuart Suss (Argued), Dist. Atty., West Chester, Pa., for appellee.

Before ADAMS, Acting Chief Judge, JAMES HUNTER, III, Circuit Judge, and STERN, District Judge.

OPINION OF THE COURT

ADAMS, Acting Chief Judge.

In this habeas corpus petition, we must consider whether the district court, in denying a defendant's claim of ineffective assistance of counsel, correctly applied the standard set out in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). We conclude that the court did not properly apply Strickland,

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