Frank Loher v. Todd Thomas
Court of Appeals for the Ninth Circuit
1Concurring in part, dissenting in part · TallmanTallman, Circuit Judge
With the utmost respect for the views of my two colleagues, I find myself at odds with portions of both opinions. I concur in all but Sections TV.A and V.D of Judge O’Scannlain’s opinion and would remand solely for resentencing as explained in Section VI. I respectfully dissent from that part of his opinion which declares that Hawaii has waived its challenge to the district court’s grant of habeas relief on Loher’s ineffective assistance of appellate counsel (IAAC) claim and suggesting that the district court order a new direct appeal to reconsider the Brooks and IAAC claims already decided…
Also in this document: Concurring in part, dissenting in part · Smith.
2Cases cited33 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Brady v. United StatesSupreme Court of the United States · 1970
- McDonald v. City of ChicagoSupreme Court of the United States · 2010
- Ashley Hunt Greenwood v. Federal Aviation AdministrationCourt of Appeals for the Ninth Circuit · 1994
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