Friday, June 15, 2007

Ogle v. Johnson, ineffective appellate counsel

Johnny Ray Ogle filed a pro se federal habeas appeal on grounds that his appellate counsel failed to raise 8 meritorious issues in his State direct appeals. The District Court for the Southern District of Georgia denied Ogle's petition for the writ of habeas corpus on grounds that Ogle had not exhausted his State remedies.

The habeas statute requires applicants to exhaust all available state law remedies before filing a federal habeas petition. 28 U.S.C. #2254(b)(1)(A). "[T]he federal clam must be fairly presented to the state courts" so that "the state courts have had the first opportunity to hear the claim sought to be vindicated in the federal habeas proceeding." Picard v. Connor, 404 U.S. 270, 275-76, 92 S. Ct. 509, 512 (1971).

The 11th Circuit Court of Appeals reversed the decision on the grounds that Ogle had exhausted his State remedies, and remanded the case back to the District Court for a decision on the merits of Ogle's appeal. Read more...

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