Corey Ian Weidner v. Jeri Taylor, Superintendent, Eastern Oregon Correctional Institution
HabeasCorpus
Whether state court decision on state law is binding on federal court
QUESTIONS PRESENTED WHETHER, WHEN A STATE POST-CONVICTION COURT DECIDES THAT COUNSEL DID NOT NEED TO TAKE SOME ACTION UNDER STATE LAW TO BE EFFECTIVE, THE STATE COURT DECISION IS A DECISION THE FEDERAL COURT IS “BOUND TO ACCEPT” BECAUSE IT IS ASTATE COURT “INTERPRETATION OF STATE LAW.” WHETHER MR. WEIDNER DEMONSTRATED THAT THE POST-CONVICTION COURT'S DENIAL OF HIS INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL CLAIM IS OBJECTIVELY UNREASONABLE BECAUSE THE LAW AND FACTS ESTABLISH APPELLATE COUNSEL'S DUTY TO SEEK ANY OPPORTUNITY TO OBTAIN THE BENEFITS OF THE NEW RULE BEFORE HIS CONVICTION BECAME FINAL.