Moser v. Lampert

The state appeals from a judgment that granted petitioner post-conviction relief. The court granted petitioner a new criminal trial based on a determination that his trial counsel had provided constitutionally deficient representation by failing to challenge the competency of one of the state’s witnesses. The court also concluded that petitioner was entitled to a delayed appeal of his convictions as an alternative form of relief, based on its conclusion that trial counsel had provided constitutionally deficient representation by failing to arrange for a timely notice of appeal to be filed. We…