Bostick v. Stevenson, No. 08-6331

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