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WILSON v. VAUGHN

No. CIV.A. 02-1605.

304 F.Supp.2d 652 (2004)

Theophalis WILSON, Petitioner, v. Donald T. VAUGHN, et al., Respondents.

United States District Court, E.D. Pennsylvania.

February 10, 2004.

Attorney(s) appearing for the Case

Barnaby C. Wittels, Lacheen, Dixon, Wittels & Greenberg LLP, Philadelphia, PA, for Petitioner.

John W. Goldsborough, Thomas W. Dolgenos, District Attorney's Office, Philadelphia, PA, for Respondents.

MEMORANDUM AND ORDER

SCHILLER, District Judge.

This case requires the Court to determine whether a criminal appellate attorney's failure to raise a crucial change in the law governing his client's appeal falls within the United State Supreme Court's standard for ineffective assistance of counsel. Presently before the Court is the Report and Recommendation ("Report") of Magistrate Judge Peter B. Scuderi recommending that the Court deny Theophalis Wilson...

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