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Keywords

attorneyappealhabeas corpuswrit of certiorari
appealhabeas corpuswrit of certiorari

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Lozada v. Deeds

Facts

The inmate was convicted in a state court of four crimes arising out of the possession and sale of a controlled substance. He filed no direct appeal. After exhausting state postconviction remedies, he filed a petition for a writ of habeas corpus in the federal district court, contending that the ineffective assistance of counsel had deprived him of the opportunity to appeal his convictions by failing to inform him of his right to appeal, of the procedures and time limitations for an appeal, and of his right to appointed counsel. The habeas petition alleged further that the attorney had failed to file a notice of appeal.

The inmate was convicted in a state court of four crimes arising out of the possession and sale of a controlled substance. He filed no direct appeal. After exhausting state postconviction remedies, he filed a petition for a writ of habeas corpus in the federal district court, contending that the ineffective assistance of counsel had deprived him of the opportunity to appeal his convictions by failing to inform him of his right to appeal, of the procedures and time limitations for an appeal, and of his right to appointed counsel.

Issue

Whether the appellate court erred in denying the certificate of probable cause to appeal the denial of habeas relief.

Whether the appellate court erred in denying the certificate of probable cause to appeal the denial of habeas relief.

Rule

A certificate of probable cause requires petitioner to make a 'substantial showing of the denial of [a] federal right.'

A certificate of probable cause requires petitioner to make a 'substantial showing of the denial of [a] federal right.'

Analysis

The Court applied the standards set forth in Barefoot v. Estelle, concluding that Lozada made a substantial showing that he was denied the right to effective assistance of counsel. The District Court's analysis rested on the prejudice prong of the Strickland inquiry, but the Supreme Court believed that the issue of prejudice could be resolved differently. The Court noted that at least two Courts of Appeals had presumed prejudice in similar situations.

The Court applied the standards set forth in Barefoot v. Estelle, concluding that Lozada made a substantial showing that he was denied the right to effective assistance of counsel.

Conclusion

The Court granted the inmate's petition for a writ of certiorari, reversed the appellate court's judgment, and remanded the case for further proceedings consistent with the Court's opinion.

The Court granted the inmate's petition for a writ of certiorari, reversed the appellate court's judgment, and remanded the case for further proceedings consistent with the Court's opinion.

Who won?

The petitioner, Jose M. Lozada, prevailed because the Supreme Court found that he had made a substantial showing of the denial of his right to effective assistance of counsel.

The petitioner, Jose M. Lozada, prevailed because the Supreme Court found that he had made a substantial showing of the denial of his right to effective assistance of counsel.

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