United States Tenth Circuit

A Sixth Amendment claim of ineffective assistance of appellate counsel was not procedurally barred where prior proceedings, though not specifically directed at the issue, necessarily included an evaluation of appellant's assertion that counsel was constitutionally ineffective in failing to timely file an appellate brief.

Appellate Information

• Decided 04/26/2002
• Published 04/26/2002

Judges

• BRISCOE, Circuit Judge., Before KELLY, HOLLOWAY, and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Michael J. Barta and Kelli C. McTaggart, Baker Botts L.L.P., Washington, DC, on the brief for Petitioner-Appellant.


• For Appellees:
  
• W.A. Drew Edmondson, Attorney General of Oklahoma, and Diane L. Slayton, Assistant Attorney General, Oklahoma City, OK, on the brief for Respondent-Appellee.