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HARRINGTON v. GILLIS

No. 02-2419.

456 F.3d 118 (2006)

Samuel HARRINGTON, Appellant v. Frank D. GILLIS; The District Attorney of the County of Chester, Anthony A. Sarcione; The Attorney General of the State of PA, Michael Fisher.

United States Court of Appeals, Third Circuit.

Opinion Filed July 11, 2006.

Attorney(s) appearing for the Case

Mary Gibbons, Esquire (Argued), Toms River, NJ, for Appellant.

Nicholas J. Casenta, Jr., Esquire (Argued), Joseph W. Carroll, Esquire, Office of District Attorney, West Chester, PA, for Appellees.

Before FUENTES, STAPLETON, and ALARCÓN, Circuit Judges.

ALARCÓN, Circuit Judge.

Mr. Samuel Harrington appeals from the District Court's order denying his state-prisoner petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Mr. Harrington contends that he was denied his Sixth Amendment right to effective assistance of counsel when trial counsel failed to file a notice of appeal. We vacate the decision of the District Court and remand.

I

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