UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
May 17, 1991
JEROME DAVIS, AJ-1755, APPELLANT
THOMAS A. FULCOMER, ET AL
Appeal from the United States District Court for the Western District of Pennsylvania; (D.C. Civil No. 89-02144); District Judge: Hon. Alan N. Bloch.
Mansmann, Nygaard and Rosenn, Circuit Judges.
After considering the contentions raised by appellant, to-wit:
1) Whether Davis' counsel was ineffective for failing to preserve the Batson issue in light of Davis' specific request that his attorney discuss with Davis the striking of the sole black juror on the panel by the Commonwealth, whom Davis did not wish stricken;
2) Whether Davis' trial counsel was ineffective for failing to call Marsha Fordham, an alibi witness, to testify on Davis' behalf; and
3) Whether Davis was denied effective assistance when his trial counsel failed to establish on cross-examination that Hietsch had been warned by the Sharon Police of a robbery attempt by a black man; it is
ADJUDGED and ORDERED that the judgment of the district court be and is hereby AFFIRMED.
Costs taxed against appellant.
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