DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
183717P.pdf 01/05/2021 Jim Harris, Jr. v. Ian Wallace
U.S. Court of Appeals Case No: 18-3717
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Kelly, Author, with Wollman and Stras, Circuit Judges]
Prisoner case - Habeas. Harris sufficiently pleaded his claim that trial
counsel was ineffective in advising him that his state prison term would
run concurrently with his federal prison term; because the district court
did not recognize the claim, it never reached the issue of whether the
claim was procedurally defaulted or whether the Martinez exception
applied; the matter is remanded for the district court to hold an
evidentiary hearing on these matters in the first instance.