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KANE v. KYLER

No. CIV.A. 97-4208.

201 F.Supp.2d 392 (2001)

Mark KANE, v. Kenneth D. KYLER, et al.

United States District Court, E.D. Pennsylvania.

November 7, 2001.

Attorney(s) appearing for the Case

Timothy P. Booker, Timothy P. Booker, P.C., Philadelphia, PA, Louis R. Busico, Newtown, PA, for petitioner.

Donna G. Zucker, Philadelphia, PA, Marilyn F. Murray, Dist. Atty. of Philadelphia, Philadelphia, PA, Thomas Dolgenos, Dist. Attorney;s office, Assist. Dist. Atty., Philadelphia, PA, for respondents.

MEMORANDUM

LUDWIG, District Judge.

Upon remand of this 28 U.S.C. § 2254 habeas corpus petition,1 the Court of Appeals held that an incorrect standard had been applied in granting relief for ineffective assistance of counsel on petitioner's direct appeal2 of his Pennsylvania convictions for first degree murder and possessing an instrument of crime.3 Accordingly...

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