Massaro v. United States
In 1993, Massaro was convicted of numerous racketeering crimes, including murder, extortion, arson, and loansharking. After unsuccessful appeals, Massaro filed a petition for a writ of habeas corpus alleging several grounds upon which he should be granted a new trial. The district court found that Massaro’s claim of ineffective assistance of counsel was procedurally barred because not raised on direct appeal. However, it granted Massaro a certificate of appealability (COA) on this issue. The court of appeals affirmed, holding that the basis for Massaro's claim was fully available to his appellate counsel based on the trial record, and was unable to establish the cause necessary to overcome a procedural default.
Question Presented:
Whether the court of appeals correctly affirmed the denial of petitioner's motion to vacate his conviction under 28 U.S.C. ยง 2255 on the basis of ineffective assistance of counsel because
petitioner did not demonstrate cause and prejudice for his failure to raise that claim on direct appeal of his conviction.
