8th Circuit decides N.D. case Monday, September 21, 2020

The United States Court of Appeals for the Eighth Circuit has issued a per curiam opinion in an appeal from a self-represented prisoner. 

The prisoner argued that his attorney was ineffective by failing to honor his request to file a notice of appeal from his resentencing after a grant of section 2255 relief. If there is a new sentencing judgment between two habeas petitions, a subsequent habeas application challenging the new judgment is not successive. The government concedes that the prisoner's pro se motion was timely with respect to his claim concerning the amended judgment. The district court's judgment dismissing the claim that the attorney failed to honor the prisoner's request to file a notice of appeal is reversed and the case is remanded for further proceedings.

See the court's opinion at: https://ecf.ca8.uscourts.gov/opndir/20/09/192321U.pdf