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CANALES v. ROE

No. 97-55171.

151 F.3d 1226 (1998)

Carlos Renan-Perez CANALES, Petitioner-Appellant, v. Ernest C. ROE, Warden; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 14, 1998.

Attorney(s) appearing for the Case

Octavio A. Pedroza (argued) and James M. Harris, Sidley & Austin, Los Angeles, CA, for petitioner-appellant.

Carole W. Pollack and Carl N. Henry, Deputy Attorneys General, Los Angeles, California, for respondents-appellee.

Before: FLETCHER, FERNANDEZ, and RYMER, Circuit Judges.

FERNANDEZ, Circuit Judge:

Carlos Renan-Perez Canales appeals the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition, in which he claimed ineffective assistance of counsel. Canales argued that his trial attorney's late filing of a notice of appeal triggered a rule of presumed prejudice that entitles him to habeas relief. The district court determined that the Supreme Court had not clearly established a rule of presumed prejudice as a matter...

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