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MEYERS v. GILLIS

No. 97-1750.

142 F.3d 664 (1998)

Philip MEYERS, v. Frank D. GILLIS, Superintendent, et al.; The Attorney General of the State of Pennsylvania; The District Attorney of Bucks County, Frank D. Gillis, Superintendent, The Attorney General of the State of Pennsylvania and District Attorney of Bucks County, Appellants.

United States Court of Appeals, Third Circuit.

Decided April 27, 1998.

Attorney(s) appearing for the Case

Troy E. Leitzel, Heather A. Castellino, Stephen B. Harris (Argued), Alan M. Rubenstein, Office of District Attorney, Doylestown, PA, for Appellant.

Christopher D. Warren (Argued), DeStafano & Warren, P.C., Philadelphia, PA, Thomas A. Bello, Philadelphia, PA, for Appellee.

Before: MANSMANN, ROTH and McKEE, Circuit Judges.

OPINION OF THE COURT

McKEE, Circuit Judge.

We are asked to decide if the district erred in granting Philip Meyers' petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court concluded that Meyers' trial attorneys rendered ineffective assistance when they gave Meyers incorrect advice as to his parole eligibility; that Meyers relied on that advice to his prejudice; and he was therefore entitled to habeas relief. For the reasons that...

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