I. A state court’s ruling denying collateral review of a “mixed claim” of ineffective assistance of counsel (involving matters on the record and outside of the record), on the procedural ground that the claim was not raised on direct appeal, was not “adequate” to bar federal habeas corpus review (28 U.S.C. § 2254).
Pierotti v. Walsh, No.15-1944-pr (Circuit Judges: Pooler, Livingston, and Lohier), holds that a state prisoner’s claim of ineffective assistance of counsel (“IAC”) was not procedurally barred under 28 U.S.C. § 2254 .
A. The state trial
Petitioner Pierotti has been hearing impaired since childhood. He “wears hearing aids in both ears,” and “the only hearing aid he had with him in jail broke.” At a pretrial hearing, his lawyer asked for a continuance to make “some accommodation for his hearing loss.” The judge denied the request saying “this is a very small courtroom” and suggesting that …