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REYNOLDS v. ELLINGSWORTH

No. 93-7106.

23 F.3d 756 (1994)

George L. REYNOLDS, Appellant, v. Jack C. ELLINGSWORTH, Warden; Charles M. Oberly, III.

United States Court of Appeals, Third Circuit.

Decided May 2, 1994.

Attorney(s) appearing for the Case

Beverly L. Bove (argued), Tomar, Simonoff, Adourian & O'Brien, Wilmington, DE, for appellant.

Loren C. Meyers (argued), Deputy Atty. Gen., Dept. of Justice, Wilmington, DE, for appellee.

Before: SLOVITER, Chief Judge, and STAPLETON, Circuit Judge, and RESTANI, Judge, United States Court of International Trade.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This appeal requires us to consider the situation of a criminal defendant whose lawyers make a tactical decision not to raise federal due process objections in the defendant's state trial or on state direct appeal, and do so under circumstances in which they could have a good faith expectation that the defendant would be able to raise these federal objections in state collateral review proceedings. The issue...

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