DECISION OF THE COURT: ROE V. FLORES-ORTEGA

After the hearing, the Judge decided that the habeas petition be denied. He made this decision because Stearns had passed a new rule that the defendant need only show that Ortega did not consent to Kops’ failure to file for appeal to be titled relief.

The findings were adopted from the Magistrate Judge and recommendations, and denied the relief.

Though, because Ortega did not consent to the failure of Kops, he was entitled to a Relief due to the Stearns law.