Katie Garding v. Montana Department of Corrections
DueProcess HabeasCorpus JusticiabilityDoctri
Whether a federal appellate court has jurisdiction to consider an appeal from a grant of federal habeas relief after a state court's vacatur of the underlying criminal judgment, and release of the petitioner from custody, during the pendency of that appeal
is: Whether a federal appellate court has jurisdiction to consider an appeal from a grant of federal habeas relief after a state court’s vacatur of the underlying criminal judgment, and release of the petitioner from custody, during the pendency of that appeal . *** The second question presented is: Whether defense counsel render s deficient performance under Strickland v. Washington by failing to consult and call an expert witness who would have proved her client’s factual innocence . *** A federal appellate court errors by reversing a federal district court’s grant of habeas relief and leaving a claim raised by the petitioner unadjudicated. Corcoran v. Levenhagen , 558 U.S. 1, 2 (2009) (per curiam). The third question presented is: Whether the Ninth Circuit erred by failing to remand for consideration of Garding ’s stand -alone, unadjudicated claim that she was in custody in violation of the Fourteenth Amendment .