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WILLIAMS v. MARTINEZ

No. 08-5221.

586 F.3d 995 (2009)

Craig Allan WILLIAMS, Appellant v. R. MARTINEZ, Warden and Kenneth L. Wainstein, United States Attorney for the District of Columbia, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 13, 2009.

Attorney(s) appearing for the Case

William Hoffman, appointed by the court, argued the cause as amicus curiae in support of appellant. With him on the briefs was David L. Cousineau.

Craig A. Williams, pro se, filed briefs for appellant.

Michael T. Ambrosino, Assistant U.S. Attorney, argued the cause for appellees. With him on the brief was Roy W. McLeese III, Assistant U.S. Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Opinion concurring in the judgment filed by Circuit Judge BROWN.

TATEL, Circuit Judge:

Section 23-110 of the D.C.Code establishes a procedure for collateral review of convictions in the D.C. Superior Court and creates exclusive jurisdiction in that court "unless" the remedy provided by that section is "inadequate or ineffective." In this case, we must decide whether section 23-110 bars a prisoner convicted in Superior Court from bringing a federal habeas corpus petition alleging ineffective assistance of appellate counsel...

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