John J. Zichko v. State of Idaho Larry Wright, Warden Alan Lance

PAEZ, Circuit Judge:

John J. Zichko appeals from the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.'C. § 2254. He is seeking relief from the judgment of conviction entered against him on June 2, 1987, for raping his minor daughter. This appeal raises preliminarily the question of whether a habeas petitioner may challenge an underlying, expired rape conviction while in custody for failing to comply with a state sex offender registration law. We conclude that he may. Zichko alleges substantively in his habeas petition that he was denied effective assistance of…