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APPEL v. HORN

No. 99-9003.

250 F.3d 203 (2001)

Martin Daniel APPEL, v. Martin HORN, Commissioner Pennsylvania Department of Corrections; James S. Price, Superintendent of the State Correctional Institution at Greene and Joseph Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview, Appellants.

United States Court of Appeals, Third Circuit.

Filed May 3, 2001.

Attorney(s) appearing for the Case

John M. Morganelli (Argued), Office of District Attorney of Northampton County, Easton, PA 18042, Attorney for Appellants.

Billy H. Nolas (Argued), David W. Wycoff, Michael Wiseman, Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, PA 19106, Attorneys for Appellee.

Before: BECKER, Chief Judge, SLOVITER and GREENBERG, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The Commonwealth of Pennsylvania appeals from the order of the District Court dated May 21, 1999 granting the Petition of Martin Daniel Appel for a Writ of Habeas Corpus. The District Court granted the writ of habeas corpus after it determined that Appel had been constructively denied his Sixth Amendment right to counsel in violation of the Supreme Court's decision in United States v. Cronic,

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