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WILLIAMS v. U.S.

No. 98-CO-1911.

783 A.2d 598 (2001)

Craig A. WILLIAMS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 18, 2001.

Attorney(s) appearing for the Case

Matthew W. Greene, Fairfax, VA, and Christopher Warnock, Washington, DC, both appointed by the court, for appellant.

Roy W. McLeese, III, Assistant United States Attorney, with whom Roscoe C. Howard, Jr., United States Attorney, and John R. Fisher and Elizabeth H. Danello, Assistant United States Attorneys, were on the brief, for appellee.

Timothy P. O'Toole, Public Defender Service, with whom James Klein, Public Defender Service, was on the brief, as amicus curiae.

Before WAGNER, Chief Judge, TERRY, STEADMAN, SCHWELB, FARRELL, RUIZ, REID, GLICKMAN, and WASHINGTON, Associate Judges, and NEWMAN, Senior Judge.

ON REHEARING EN BANC

FARRELL, Associate Judge:

We granted rehearing en banc in this case to consider whether relief is available to a criminal defendant whose appointed counsel on direct appeal fails to note a requested appeal from the denial of a motion alleging ineffective assistance of trial counsel filed during the direct appeal. For the reasons that follow, we hold that the breach of counsel's statutory duty to note an appeal in these circumstances...

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