123465P.pdf   08/26/2014  Raphael Donnell  v.  United States
   U.S. Court of Appeals Case No:  12-3465
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Loken, Author, with Bye and Colloton, Circuit Judges] 
   Prisoner case - Habeas. For the opinion in Donnell's direct appeal, see 
   U.S. v. Donnell, 596 F.3d 913 (8th Cir. 2010). To warrant Section 2255 
   relief, Donnell must establish that appellate counsel was constitutionally 
   ineffective for failing to submit a citation to King v. United States, 595 
   F.3d 844 (8th Cir. 2010) for the direct appeal panel's consideration or to 
   request supplemental briefing when this court published its decision in 
   King after Donnell's direct appeal had been argued and submitted for 
   decision; the court declines to rule that Strickland requires an appellate 
   attorney to read advance sheets and consider newly-decided cases in the 
   weeks or months after a direct appeal is fully briefed, argued and 
   submitted for a decision. Judge Bye, concurring in part and dissenting in 
   part.