Payne v. Stansberry, No. 11-5300 (D.C. Cir. 2014)Annotate this Case
Petitioner appealed the dismissal of his petition for writ of habeas corpus, arguing that he was denied his right to the effective assistance of counsel when his appellate counsel failed to seek plain error review of the trial judge's instruction that the jury must find him guilty even if the government failed to prove an element of a charged offense beyond a reasonable doubt. The court concluded that petitioner met his burden under Strickland v. Washington and that he was entitled to a new direct appeal at which he may raise this instructional error before the D.C. Court of Appeals for plain error review.