Katie Garding v. Montana Department of Corrections
Whether a federal appellate court has jurisdiction to consider an appeal from a grant of federal habeas relief after a state court's vacatur of the underlying criminal judgment, and release of the petitioner from custody, during the pendency of that appeal.
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Whether defense counsel renders deficient performance under Strickland v. Washington by failing to consult and call an expert witness who would have proved her client's factual innocence.
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Whether the Ninth Circuit erred by failing to remand for consideration of Garding's stand-alone, unadjudicated claim that she was in custody in violation of the Fourteenth Amendment.
Whether a federal appellate court has jurisdiction to consider an appeal from a grant of federal habeas relief after a state court's vacatur of the underlying criminal judgment, and release of the petitioner from custody, during the pendency of that appeal