Leon v. Moore

On Motion for Rehearing

On consideration of the petitioner’s motion for rehearing, we withdraw the ruling issued April 1, 1999, and substitute the following opinion.

Philip Leon, also known as Carlos Harden, petitions for a writ of habeas corpus, asserting that his appellate counsel was ineffective for failing to raise on direct appeal the claim that the evidence of the value of merchandise the defendant was charged with stealing was inadmissible hearsay. Petitioner urges that, had the objection been sustained, there would have been a failure of proof of the value of the merchandise, and that…