United States of America Ex Rel. Gary Barnard v. Michael Lane, Director, Illinois Department of Corrections

HARLINGTON WOOD, Jr., Circuit Judge.

The State of Illinois has appealed from a magistrate’s order granting a petition for a writ of habeas corpus under 28 U.S.C. § 2254 (1982) to petitioner, Gary Barnard. The grant of the petition was based on the magistrate’s holding that Barnard had been denied his sixth amendment right to effective assistance of counsel. The State asserts that Barnard’s procedural default in failing to present his claim of ineffective assistance of trial counsel on direct appeal precludes federal habeas corpus review of that claim. We disagree and affirm the magistrate’s…