United States Sixth Circuit

District court's decision to credit a trial attorney's testimony, that he never received an express instruction to file an appeal, defeats petitioner's ineffective assistance of counsel claim. Apprendi cannot be applied retroactively on collateral review.

Appellate Information

• Decided 07/07/2003
• Published 07/07/2003

Judges

• Before:  MOORE and GIBBONS, Circuit Judges;  COHN, Senior District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Paul L. Nelson (argued and briefed), Federal Public Defenders Office, Grand Rapids, MI, for Appellant.


• For Appellees:
  
• Timothy P. VerHey (argued), John C. Bruha (briefed), United States Attorney, Grand Rapids, MI, for Appellee.