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Name: Zichko v. Idaho
Case #: 98-35835
Court: US Court of Appeals
District 9 Cir
Opinion Date: 05/03/2001
Subsequent History: Modif. and rehg. den. 6/5/01

The petitioner was “in custody” for purposes of challenging his state rape conviction by habeas corpus while he was in custody for failure to register as a sex offender, even though he had completed his term on the rape conviction. Petitioner alleged in a federal habeas petition that he had received ineffective assistance when trial counsel failed to consult with him about an appeal. The appellate court concluded that petitioner had procedurally defaulted this claim by failing to raise it in an appeal from the denial of an earlier habeas petition in state court, and by failing to appeal his state postconviction petition to the state supreme court.