Jua Smith v. Delta Barometre, Superintendent, Otisville Correctional Facility

a. Whether petitioner is entitled to have his habeas corpus petition disregarded if habeas counsel was not acting on behalf of the petitioner; and failed to disclose that he was hired by the appellate attorney to file the petition; and, ineffective assistance of appellate counsel was the only viable habeas claim, but was not raised by habeas counsel. b. The standard for informed authorization of a federal habeas corpus petition; where habeas counsel is hired by appellate counsel, and files a procedurally defaulted petition, before ever revealing his existence to the petitioner; never requesting the petitioner’s authorization after it was filed; nor, the risk that claims might be barred as abuse of writ; the appropriateness of having other counsel file the petition in light of his connection to appellate counsel; and petitioner never communicated with counsel, in any way.