Williams v. Martinez

586 F.3D 995, 2009.CDC.0000195

    • 4,00 kr
    • 4,00 kr

Publisher Description

Section 23-110 of the D.C. Code establishes a procedure for collateral review of convictions in the D.C. Superior Court and creates exclusive jurisdiction in that court "unless" the remedy provided by that section is "inadequate or ineffective." In this case, we must decide whether section 23-110 bars a prisoner convicted in Superior Court from bringing a federal habeas corpus petition alleging ineffective assistance of appellate counsel. Because the D.C. Court of Appeals has held that challenges to the effectiveness of appellate counsel may not be brought pursuant to section 23-110, but must instead be raised through a motion to recall the mandate in that court, we hold that section 23-110 does not deprive federal courts of jurisdiction over habeas petitions alleging ineffective assistance of appellate counsel.

GENRE
Professional & Technical
RELEASED
2009
13 November
LANGUAGE
EN
English
LENGTH
24
Pages
PUBLISHER
LawApp Publishers
SIZE
63.9
KB

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