United States Ninth Circuit

Denial of plaintiff's petition for a writ of habeas corpus is reversed where defense counsel rendered ineffective assistance in violation of the Sixth Amendment by failing to file a notice of appeal. In this case, -ineffective assistance of counsel- is a term of art that does notmean incompetence of counsel.

Appellate Information

• Decided 06/06/2005
• Published 06/07/2005

Judges

• KLEINFELD, Circuit Judge., Before HALL, KLEINFELD, and CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Anne Walstrom, Federal Defenders of Eastern Washington and Idaho, Yakima, Washington, for the appellant.


• For Appellees:
  
• Gregory M. Shogren, Assistant U.S. Attorney, Yakima, Washington, for the appellee.