HESS v. MAZURKIEWICZ

No. 96-3350.

135 F.3d 905 (1998)

Gary Lee HESS, Appellant, v. J.F. MAZURKIEWICZ, Supt.; The Attorney General of the Commonwealth of Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided February 9, 1998.


Attorney(s) appearing for the Case

Pam E. Goldman (argued), Pittsburgh, PA, for Appellant.

Jerome T. Foerster (argued), Harrisburg, PA, for Appellee.

BEFORE: SCIRICA and LEWIS, Circuit Judges, and POLLAK, District Judge.


OPINION OF THE COURT

LEWIS, Circuit Judge.

Gary Lee Hess appeals from the district court's denial of his habeas corpus petition, raising two related claims. First, he alleges that trial counsel's performance was deficient due to a decision not to call certain witnesses. Second, Hess contends that his lawyer labored under a conflict of interest caused by his simultaneous representation of the victims' father in another case, and that this conflict impermissibly...

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