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JOHNSON v. PINCHAK

No. 04-1307.

392 F.3d 551 (2004)

George JOHNSON v. Steven PINCHAK; Attorney General of the State of New Jersey, Appellants.

United States Court of Appeals, Third Circuit.

December 22, 2004.

Attorney(s) appearing for the Case

Jean D. Barrett (Argued), Ruhnke & Barrett, Montclair, for Appellee.

Paul H. Heinzel (Argued), Office of Attorney General of New Jersey, Division of Criminal Justice, Richard J. Hughes Justice Complex, Trenton, for Appellant.

Before ALITO, FUENTES, and BECKER, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

When petitioner, George Johnson, pled guilty to felony murder under the misapprehension that he was eligible for the death penalty for that crime, felony murder in New Jersey was not in fact a capital offense. However, after receiving a sentence of life imprisonment with thirty years parole ineligibility and after exhausting his state remedies, Johnson sought federal habeas corpus relief alleging ineffective assistance...

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