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LEWIS v. JOHNSON

No. 01-1036.

359 F.3d 646 (2004)

Charles Thomas LEWIS, Appellant v. Philip L. JOHNSON, Superintendent, SCI-Pittsburgh; Mike Fisher, Attorney General of Pennsylvania, Appellees.

United States Court of Appeals, Third Circuit.

Decided March 10, 2004.

Attorney(s) appearing for the Case

Michael D. Bartko (Argued), Pittsburgh, PA 15219, for Appellant.

Ronald M. Wabby, Jr. (Argued), Office of the District Attorney, Pittsburgh, PA, for Appellees.

Before SLOVITER, AMBRO, Circuit Judges, and TUCKER, District Judge.

OPINION OF THE COURT

TUCKER, District Judge.

This matter comes to us on appeal from the district court's denial of Appellant Charles Thomas Lewis's application for writ of habeas corpus, seeking relief from his state conviction on grounds his Sixth Amendment right to effective assistance of counsel was violated. Specifically, Lewis contends that his trial counsel's failure to file a notice of appeal constituted constitutionally-deficient performance...

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