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.
Read Bostick v. Stevenson, No. 08-6331
Appellate Information
Argued: October 30, 2009
Decided: December 17, 2009
Judges
Opinion by Circuit Judge Gregory
Counsel
For Appellant: Daniel Vandergriff, Wake Forest University School of Law
For Appellee: William Edgar Salter III, Office of the Attorney General
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