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.
Decided November 13, 2009
Opinion by Judge Tatel
Concurrence by Judge Brown
William Hoffman and David L. Cousineau, Washington, DC
Michael T. Ambrosino and Roy W. McLeese, Assistant U.S. Attorneys, Washington, DC