Third Circuit: Damien Preston v. Superintendent Graterford SCI

Although counsel in the initial state collateral challenge was ineffective, excusing the waiver of the claim due to its omission, the underlying claim of ineffective assistance at trial due to the Confrontation Clause violation did not prejudice the petitioner, given the cumulative evidence of guilt.

http://www2.ca3.uscourts.gov/opinarch/163095p.pdf