Habeas Corpus • Procedural Default • Eyewitness Testimony • Kloiber Jury Instruction • Ineffective Assistance of Counsel
Bey v. Superintendent Greene SCI, PICS Case No. 17-0851 (3 Cir. May 10, 2107) McKee, J. (23 pages).
District court erred in denying habeas relief on appellant’s ineffective assistance of counsel claim based on trial counsel’s failure to challenge the trial court’s erroneous Kloiber jury instruction because appellant’s procedural default was excused and the trial court’s deviation from the language in Kloiber basically told jurors that they had to accept the officer’s eyewitness identification and were not free to question it. Vacated and remanded.
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