State v. Curry

Defendant was convicted, after a trial to the court, of various crimes and sentenced to departure sentences based on trial court findings. After exhausting his state avenues of direct appeal and post-conviction relief, he obtained federal habeas corpus relief on the ground that his criminal trial counsel had failed to raise at sentencing a meritorious argument concerning his criminal history. The primary issue before us now is the scope of the criminal trial court’s authority on remand from the federal court, specifically, whether the court may consider on remand information that was…