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.
Argued: October 30, 2009
Decided: December 17, 2009
Opinion by Circuit Judge Gregory
For Appellant: Daniel Vandergriff, Wake Forest University School of Law
For Appellee: William Edgar Salter III, Office of the Attorney General