What is the test for habeas relief in the context of a criminal appeal?

Petitioner finds himself in a position akin to this hypothetical prisoner. While his first petition certainly concerned his 1996 robbery conviction, it did not attack that conviction. Rather, his first petition claimed, like the hypothetical prisoner, that his due process rights were being violated because he was being held in jail without being permitted to defend himself against the charge, as guaranteed by the Constitution, by prosecuting an appeal from his conviction. See, e.g., Harris v. Champion, 15 F.3d 1538, 1566 (10th Cir. 1994) (holding that "[a] petitioner whose direct criminal appeal has not yet been decided ... is entitled to some form of habeas relief if he or she can establish a due process violation arising from delay in adjudicating his or her state appeal."). Essentially, like the hypothetical prisoner,

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