The following excerpt is from Payne v. Walker, 2:07-cv-1710 (MDS) (E.D. Cal. 2011):
Ineffective assistance of appellate counsel warrants habeas relief, and such claims are reviewed under the standard set out in Strickland v. Washington, 466 U.S. 668 (1984). See Cockett v. Ray, 333 F.3d 938, 944 (9th Cir. 2003). A petitioner "must show that counsel's performance fell below an objective standard of reasonableness and that there is a reasonable probability that, but for counsel's unprofessional errors, [the petitioner] would have prevailed on
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appeal." Id. (internal quotation marks omitted).
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