Michael A. Hunt v. Daniel B. Vasquez

The state of California appeals the district court’s grant of habeas corpus to Michael Hunt. The district court found that Hunt was denied his sixth amendment right to effective assistance of counsel when his trial attorney failed to preserve his right to appeal. The district court remedied this constitutional violation by reinstating Hunt’s appeal rights and ordering the state court to apply the law that would have been in effect at the time Hunt would have perfected a timely appeal but for the constitutional violation. The state only appeals the district court’s order on the application of law issue. We reverse.

FACTS

Michael Hunt was convicted of first degree murder with special circumstances in September 1980, and was sentenced to life imprisonment without the possibility of parole. Hunt attempted to have that sentence set aside at a Williams hearing held in February 1983. The trial judge denied Hunt’s motion. Hunt’s trial counsel informed the defendant that he would attempt to appeal, but he in fact failed to take any appeal.

Shortly after Hunt’s February 1983 hearing the California Supreme Court held that a jury instruction on intent to kill was required in a special…