Fernandez v. Cook

ZIMMERMAN, Justice:

Plaintiff Anastacio Fernandez, Jr., convicted of two counts of rape of a child, appeals from a district court dismissal of his petition for a writ of habeas corpus. In his petition, Fernandez sought a new trial on the ground that he was denied effective assistance of counsel at trial and denied a trial by an impartial jury in violation of several constitutional guarantees. The district court determined that the issues raised in the habeas corpus petition could have been raised on direct appeal, found no unusual circumstances in this case that would justify the failure to…