Legal Opinion
Raoul A. Harris v. Edgar C. Day, Jr. Warden
Court of Appeals for the Fifth Circuit
Decided August 30, 2000No. 98-30273PublishedCited by 6 opinions
1Opinion of the Court
CARL E. STEWART, Circuit Judge:
Raoul A. Harris (“Harris”) appeals the district court’s dismissal of his petition for habeas corpus relief under 28 U.S.C. § 2254 based upon ineffective assistance of appellate counsel. For the reasons set forth below, we find that Harris was constructively denied effective assistance of appellate counsel for his direct appeal, when only an “errors patent” brief was filed on Harris’ behalf and his counsel subsequently withdrew via an Anders brief that failed to mention any arguable issues of appeal.
Factual SummaRY and ProceduRal History
On April 6, 1988, at…
2Cases cited24 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Penson v. OhioSupreme Court of the United States · 1988
- Douglas v. CaliforniaSupreme Court of the United States · 1963
- State v. BenjaminLouisiana Court of Appeal · 1990
19 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Calvin Jerold Burdine v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 2000
- Burdine v. JohnsonCourt of Appeals for the Fifth Circuit · 2001
- Burdine v. JohnsonCourt of Appeals for the Fifth Circuit · 2001
- Calvin Jerold Burdine v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 2000
- Evans v. StateDistrict Court of Appeal of Florida · 2012
1 more not listed; retrieve them via the Exa API.