MANNING v. FOSTER

No. 97-35664.

224 F.3d 1129 (2000)

Steven Edward MANNING, Petitioner-Appellant, v. Phil FOSTER, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 22, 2000.


Attorney(s) appearing for the Case

Teresa Hampton, Hampton & Elliott, Boise, Idaho, for the appellant.

T. Paul Kruegger II, Deputy Attorney General, Boise, Idaho, for the appellee.

Before: BROWNING, FLETCHER and GOULD, Circuit Judges.


FLETCHER, Circuit Judge:

Steven Edward Manning filed this habeas petition alleging ineffective assistance of counsel because his defense attorney failed to file an appeal from the conviction even after Manning specifically requested him to appeal. The district court dismissed the petition on procedural grounds and also on the merits. We reverse and remand.

I

Manning was convicted of lewd conduct with and sexual abuse of a child under the age of 16...

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