United States DC Circuit

In a murder prosecution, dismissal of petitioner's habeas petition for lack of jurisdiction is reversed where, because the state court of appeals held that challenges to the effectiveness of appellate counsel could not be brought pursuant to the state collateral review statute, but were instead required to be raised through a motion to recall the mandate in that court, that statute did not deprive federal courts of jurisdiction over habeas petitions alleging ineffective assistance of appellate counsel.

Appellate Information

• Decided 11/13/2009
• Published 11/13/2009

Judges

• Before:  ROGERS, TATEL and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• William Hoffman, appointed by the court, argued the cause as amicus curiae in support of appellant.   With him on the briefs was David L. Cousineau., Craig A. Williams, pro se, filed briefs for appellant.


• For Appellees:
  
• Michael T. Ambrosino, Assistant U.S. Attorney, argued the cause for appellees.   With him on the brief was Roy W. McLeese III, Assistant U.S. Attorney.  R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.