Griffin v. United States

NEWMAN, Senior Judge:

To decide this motion, we must address the issue of whether Griffin has been denied the effective assistance of counsel on his direct appeal. We find that the failure of Griffin’s prior counsel on appeal to raise a double jeopardy issue on appeal makes a showing of “sufficient merit” on Griffin’s claim of ineffective assistance with respect to the charge of obstructing justice to warrant the recall of our mandate previously issued.

In so far as relevant to this appeal, the record shows the following events. In January 1985, Griffin was presented in the Superior Court on…