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HUMMEL v. ROSEMEYER

No. 06-2711.

564 F.3d 290 (2009)

Edward V. HUMMEL, Appellant v. Frederick ROSEMEYER, Superintendent; Esquire * Tom Corbett Attorney General of the Commonwealth of Pennsylvania. * {Substituted pursuant to F.R.A.P. 43(c)}.

United States Court of Appeals, Third Circuit.

Filed April 29, 2009.

Attorney(s) appearing for the Case

H. David Rothman (Argued), Pittsburgh, PA, Attorney for Appellant.

Leanne R. Nedza (Argued), William A. Shaw, Jr., Office of District Attorney, Clearfield, PA, Attorneys for Appellees.

Before: SLOVITER, STAPLETON and TASHIMA, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

We are once again faced with the need to determine whether the state court determination that counsel representing a petitioner in a state court criminal action provided competent counsel as required by the Sixth Amendment survives our review under 28 U.S.C. § 2254.

Edward Hummel, who is missing a portion of his brain after a self-inflicted gunshot wound, sought a writ of habeas corpus, contending...

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