United States Tenth Circuit

An ineffective assistance of counsel claim is not procedurally barred because there was no established rule under Kansas law that making an oral statement to the trial court, alleging ineffective assistance of counsel after expiration of the period for filing a motion for new trial, was sufficiently raising the issue before the trial court.

Appellate Information

• Decided 09/03/2003
• Published 09/03/2003

Judges

• MURPHY, Circuit Judge., Before HENRY, HOLLOWAY, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Howard A. Pincus, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, with him on the briefs), Denver, CO, for Petitioner-Appellant.


• For Appellees:
  
• John K. Bork, Assistant Attorney General (Kristafer R. Ailslieger, Assistant Attorney General, on the brief), Topeka, KS, for Respondents-Appellees.