Tuesday, August 22, 2006

Habeas Petition Reinstated

Wilson v. State of Oklahoma, 2006 WL 2374341 (8/17/06)(unpub'd) - A reversal of a denial of a habeas petition on procedural grounds. The 10th holds the d.ct. was wrong to find the petitioner had procedurally defaulted his ineffective assistance of appellate counsel claim based on the neglect of trial counsel to file an interlocutory appeal of his certification as an adult. The omission of one counsel cannot be excused on the basis of another counsel's ineffectiveness.