The following excerpt is from United States v. Lozoya, 17-50336 (9th Cir. 2021):
[1] Because this case involves our wholesale failure to decide a properly raised ground for reversal on appeal-a defect that this court would have been required to fix by granting rehearing-I do not think that this situation falls within the rule that there is no right to effective assistance of counsel for purely discretionary forms of review. See Evitts v. Lucey, 469 U.S. 387, 401-02 (1985). Counsel has not discharged his or her obligation to provide effective assistance on direct appeal if counsel never even secures a decision on the properly raised grounds for that appeal.
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