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SENK v. ZIMMERMAN

No. 88-5794.

886 F.2d 611 (1989)

Frank Earl SENK, Appellant v. Charles H. ZIMMERMAN, Superintendent and Leroy Zimmerman, Attorney General of the State of Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided September 29, 1989.

Rehearing and Rehearing Denied October 26, 1989.

Attorney(s) appearing for the Case

D. Toni Byrd (argued), Federal Public Defender's Office, Harrisburg, Pa., Melinda C. Ghilardi, Federal Public Defender's Office, Scranton, Pa., for appellant.

Andrea F. McKenna (argued), Office of Atty. Gen., Harrisburg, Pa., for appellees.

Before MANSMANN, SCIRICA and SEITZ, Circuit Judges.

Rehearing and Rehearing In Banc Denied October 26, 1989.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Frank Earl Senk appeals the denial of his petition for writ of habeas corpus. The petition alleges that Senk was denied his sixth amendment right to effective assistance of counsel by virtue of his lawyer's failure to pursue, in post-trial motions and on appeal, a challenge to the trial court's charge on first degree murder, which Senk alleges contained...

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