United States Fourth Circuit

In habeas proceedings involving claims of ineffective assistance of counsel, summary judgment against petitioner is reversed and remanded where: 1) the state procedural ground under which the district court found his claim to have been procedurally defaulted was not consistently applied at the time of his state proceedings; and 2) the performance of defendant's trial counsel was constitutionally deficient because counsel did not consult with defendant about an appeal following his conviction.

Appellate Information

• Decided 12/17/2009
• Published 12/17/2009

Judges

• Before GREGORY, SHEDD, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Daniel Vandergriff, Wake Forest University School of Law, Appellate Advocacy Clinic, Winston-Salem, North Carolina, for Appellant.   William Edgar Salter, III, Office of the Attorney General, Columbia, South Carolina, for Appellee.   ON BRIEF:  John J. Korzen, Brian J. Conley, Third Year Law Student, Matthew J. Monteith, Third Year Law Student, Wake Forest University School of Law, Appellate Advocacy Clinic, Winston-Salem, North Carolina, for Appellant.  Henry Dargan McMaster, Attorney General, Donald J. Zelenka, Assistant Deputy Attorney General, Office of the Attorney General, Columbia, South Carolina, for Appellee.