David A. Gray v. James Greer, 800 F.2d 644 (7th Cir. 1986). · Go Syfert
David A. Gray v. James Greer, 800 F.2d 644 (7th Cir. 1986). Cases Citing This Book View Copy Cite
564 citation events (425 in the last 25 years) across 91 distinct courts.
Strongest positive: YELVERTON v. CLARK (paed, 2025-02-19)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) YELVERTON v. CLARK
E.D. Pa. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.
discussed Cited as authority (verbatim quote) Gil v. Dotson
E.D. Va. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.
discussed Cited as authority (verbatim quote) Carter v. Slatery
M.D. Tenn. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is still possible to bring a strickland claim based on counsel's failure to raise a particular claim on appeal, but it is difficult to demonstrate that counsel was incompetent.
discussed Cited as authority (verbatim quote) (HC) Wroe v. Hill
E.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective 17 assistance of counsel be overcome
discussed Cited as authority (verbatim quote) Carter v. Slatery
M.D. Tenn. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is still possible to bring a strickland claim based on counsel's failure to raise a particular claim on appeal, but it is difficult to demonstrate that counsel was incompetent.
examined Cited as authority (verbatim quote) Farrington v. United States (3×) also: Cited as authority (rule), Cited "see"
C.D. Ill. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
when a claim of ineffective assistance of counsel is based on failure to raise issues on appeal, we note it is the exceptional case that could not be resolved on an examination of the record alone.
examined Cited as authority (verbatim quote) Collins v. United States (5×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
C.D. Ill. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
when a claim of ineffective assistance of counsel is based on failure to raise issues on appeal, we note it is the exceptional case that could not be resolved on an examination of the record alone.
examined Cited as authority (verbatim quote) Hall (Bryan) v. State (Death Penalty-Pc)
Nev. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
when a claim of ineffective assistance of counsel is based on failure to raise viable issues, the reviewing court must examine the trial court record to deterrnine whether appellate counsel failed to present significant and obvious issues on appeal.
examined Cited as authority (verbatim quote) Woods (Leonard) v. State (3×)
Nev. · 2022 · signal: see · quote attribution · 3 verbatim quotes · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.
discussed Cited as authority (verbatim quote) WEIMER v. CAPOZZA
W.D. Pa. · 2022 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome
examined Cited as authority (verbatim quote) CHAPPELL (JAMES) v. STATE (DEATH PENALTY-PC) (3×)
Nev. · 2021 · signal: see · quote attribution · 3 verbatim quotes · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.
discussed Cited as authority (verbatim quote) Smith v. King
N.D. Miss. · 2021 · quote attribution · 1 verbatim quote · confidence high
generally, only when ignored issues are clearly stronger than those presented will the presumption of effective assistance of counsel be overcome.
discussed Cited as authority (verbatim quote) Felder v. United States
S.D.N.Y. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.
discussed Cited as authority (verbatim quote) Macedo v. Secretary, Department of Corrections
M.D. Fla. · 2020 · quote attribution · 1 verbatim quote · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome
discussed Cited as authority (verbatim quote) Meckley v. United States
N.D.W. Va. · 2020 · quote attribution · 1 verbatim quote · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.
discussed Cited as authority (verbatim quote) Walker v. Pollard (2×) also: Cited as authority (rule)
E.D. Wis. · 2019 · quote attribution · 1 verbatim quote · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.
discussed Cited as authority (verbatim quote) Garcia v. Pollard
E.D. Wis. · 2019 · quote attribution · 1 verbatim quote · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome
discussed Cited as authority (verbatim quote) Prophet v. Ballard
N.D.W. Va. · 2018 · quote attribution · 1 verbatim quote · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.
examined Cited as authority (verbatim quote) State v. Andres Romero-Georgana (2×)
Wis. · 2014 · signal: see · quote attribution · 2 verbatim quotes · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.
discussed Cited as authority (verbatim quote) Miller, Ex Parte Carl Eddie
Tex. Crim. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.
discussed Cited as authority (verbatim quote) Miller, Ex Parte Carl Eddie
Tex. Crim. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.
discussed Cited as authority (verbatim quote) Marin, Ex Parte Dianna
Tex. Crim. App. · 2008 · quote attribution · 1 verbatim quote · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.
discussed Cited as authority (verbatim quote) Marin, Ex Parte Dianna
Tex. Crim. App. · 2008 · quote attribution · 1 verbatim quote · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.
examined Cited as authority (verbatim quote) Wilson v. Vaughn (3×) also: Cited as authority (rule)
E.D. Pa. · 2004 · quote attribution · 2 verbatim quotes · confidence high
generally, only when ignored issues are clearly stronger. than those presented, will the presumption of effective assistance of counsel be overcome.
discussed Cited as authority (verbatim quote) Bear Stops v. United States
D.S.D. · 2002 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome
examined Cited as authority (verbatim quote) United States v. Ardley
11th Cir. · 2001 · signal: see · quote attribution · 1 verbatim quote · confidence high
when a claim of ineffective assistance of counsel is based on failure to raise viable issues, the district court must examine the trial record to determine whether appellate counsel failed to present significant and obvious issues on appeal.
examined Cited as authority (verbatim quote) Smith v. Robbins (2×)
SCOTUS · 2000 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence high
generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome
discussed Cited as authority (rule) State v. Daveonte S. Bell
Wis. Ct. App. · 2026 · confidence medium
That failure defeats his claim of postconviction counsel’s ineffectiveness and dooms his serial litigation. “[O]nly when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.” Smith v. Robbins, 528 U.S. 259, 288 (2000) (quoting Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986)).
discussed Cited as authority (rule) State v. Curtis Von Brown
Wis. Ct. App. · 2026 · confidence medium
“Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.” Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986). ¶8 We agree with the circuit court that Brown has failed to show that any new claims of ineffective assistance of trial counsel are clearly stronger than any of the issues raised by postconviction counsel.
discussed Cited as authority (rule) United States v. Marcus Taylor
4th Cir. · 2026 · confidence medium
“Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.” Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986), quoted favorably in Robbins, 528 U.S. at 288 .
discussed Cited as authority (rule) Commonwealth v. Chanhda Onesyvieng.
Mass. App. Ct. · 2025 · confidence medium
"The review of such contentions has been described as requiring a determination 'whether the issues which [the defendant] claims appellate counsel failed to raise, would have been clearly more likely to result in reversal or an order for a new trial, and were so obvious from the trial record that the failure to present such issues amounted to ineffective assistance of appellate counsel.'" Id. at 232 , quoting Gray v. Greer, 800 F.2d 644, 647 (7th Cir. 1985).
cited Cited as authority (rule) Douglas v. Bauman
E.D. Mich. · 2025 · confidence medium
Monzo v. Edwards, 281 F.3d 568, 579 (6th Cir. 2002) (quoting Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986)).
discussed Cited as authority (rule) THIGPEN JR. v. STATE OF NEW JERSEY
D.N.J. · 2025 · confidence medium
Generally, the presumption of effective assistance of counsel will only be rebutted when the omitted issues are clearly stronger than the issues raised in the appeal, See id. 19 (quoting Gray v. Greer, 800 F.2d 644, 646 (7th Cir, 1986)). 2.
discussed Cited as authority (rule) Shootes v. Secretary, Department of Corrections (Duval County)
M.D. Fla. · 2025 · confidence medium
“Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.” Smith v. Robbins, 528 U.S. 259, 288 (2000) (quoting Gray v. Greer, 800 F.2d 644, 646 (7th Cir.1986)); see also Burger v. Kemp, 483 U.S. 776, 784 (1987) (finding no ineffective assistance of counsel when the failure to raise a particular issue had “a sound strategic basis”).
cited Cited as authority (rule) Newell v. Warden
N.D. Ind. · 2025 · confidence medium
“Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.” Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986).
discussed Cited as authority (rule) State v. Harvey
Ariz. Ct. App. · 2025 · confidence medium
Nevertheless, if counsel ignores issues stronger than those selected for the appeal, a defendant can overcome the presumption of effective assistance of counsel. 3 STATE v. HARVEY Decision of the Court See Smith v. Robbins, 528 U.S. 259, 288 (2000) (citing Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986)). ¶9 We agree with the State that Harvey relies on conclusory assertions, not evidence.
discussed Cited as authority (rule) Oboh v. United States
E.D. Tenn. · 2025 · confidence medium
It is all too tempting for a defendant to second-guess counsel’s assistance after conviction or adverse sentence, and it is all too easy for a court, examining counsel’s defense after it has proved unsuccessful, to conclude that a particular act or omission of counsel was unreasonable.” (citation omitted)); Jones, 801 F.3d at 562 (acknowledging that “[c]ounsel’s performance is strongly presumed to be effective” (alteration in original) (quotation omitted))). “[O]nly when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of coun…
discussed Cited as authority (rule) DEJESUS v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY
D.N.J. · 2025 · confidence medium
As the chief component of effective appellate advocacy is the winnowing out of weaker claims in favor of those with a greater chance of success, id. at 751-52 ; Smith v. Murray, 477 U.S. 527, 536 (1986), the Supreme Court has held that “[g]enerally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of [appellate] counsel be overcome,” See Robbins, 528 U.S. at 288 (quoting Gray v, Greer, 800 F.2d 644, 646 (7th Cir. 1986)).
discussed Cited as authority (rule) Farrad v. USA (TV1)
E.D. Tenn. · 2025 · confidence medium
Instead, “the process of ‘winnowing out weaker arguments on appeal’ is ‘the hallmark of effective appellate advocacy.’” Id. (citations omitted). “‘Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.’” Id. (citing Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986)).
discussed Cited as authority (rule) State of New Jersey v. Fararhd H. Gunter
N.J. Super. Ct. App. Div. · 2024 · confidence medium
"Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome." Smith v. Robbins, 528 U.S. 259, 288 (2000) (quoting Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986)).
discussed Cited as authority (rule) State of New Jersey v. Antwon McGriff
N.J. Super. Ct. App. Div. · 2024 · confidence medium
"Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome." Smith v. Robbins, 528 U.S. 259, 288 (2000) (quoting Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986)).
discussed Cited as authority (rule) Taylor v. USA - 2255
D. Maryland · 2024 · confidence medium
Instead, the petitioner must show that the “ignored issues are clearly stronger than those presented” in order to overcome “the presumption of effective assistance of counsel.” Bell v. Jarvis, 236 F.3d 149, 164 (4th Cir. 2000) (quoting Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986)).
discussed Cited as authority (rule) People v. Long
Ill. App. Ct. · 2024 · confidence medium
Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.” Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986). ¶ 41 At the first stage, however, the standard is more lenient; the petition needs only to allege that “ ‘(i) it is arguable that counsel’s performance fell below an objective standard of reasonableness and (ii) it is arguable that the defendant was prejudiced.’ ” (Emphases in original.) Tate, 2012 IL 112214, ¶ 19 (quoting Hodges, 234 Ill. 2d at 17 ).
discussed Cited as authority (rule) Wilson v. Bauman
E.D. Mich. · 2024 · confidence medium
The process of “‘winnowing out weaker arguments on appeal’” is “the hallmark of effective appellate advocacy.” Smith v. Murray, 477 U.S. 527, 536 (1986) (quoting Barnes, 463 U.S. at 751-52 ). “‘[O]nly when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of [appellate] counsel be overcome.’” Monzo v. Edwards, 281 F.3d 568, 579 (6th Cir. 2002) (quoting Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986)).
discussed Cited as authority (rule) Michael Edward Calloway v. Commonwealth of Kentucky
Ky. Ct. App. · 2024 · confidence medium
As the Supreme Court noted in Smith, “‘[g]enerally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance be overcome.’” 528 U.S. at 288 , 120 S. Ct. 746 (quoting Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986)).
discussed Cited as authority (rule) Arellano v. United States
E.D. Tex. · 2024 · confidence medium
Thus, it is possible that an ineffective assistance claim may be “based on counsel’s failure to raise a particular claim, but it is difficult to demonstrate that counsel was incompetent.” Id. (citing Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986)).
discussed Cited as authority (rule) Lenard v. Snukals
E.D. Va. · 2024 · confidence medium
“As a general matter, ‘only when ignored issues are clearly stronger than those presented’ should we find ineffective assistance for failure to pursue claims on appeal.” Smith v. Robbins, 528 U.S. 259, 288 (2000) (quoting Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986)).
discussed Cited as authority (rule) Henry v. Secretary, Florida Department of Corrections (Duval County)
M.D. Fla. · 2024 · confidence medium
“Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.” Smith v. Robbins, 528 U.S. 259, 288 (2000) (quoting Gray v. Greer, 800 F.2d 644, 646 (7th Cir.1986)); see also Burger v. Kemp, 483 U.S. 776, 784 (1987) (finding no ineffective assistance of counsel when the failure to raise a particular issue had “a sound strategic basis”).
discussed Cited as authority (rule) Foran v. Dotson
W.D. Va. · 2024 · confidence medium
Pruett v. Thompson, 996 F.2d 1560, 1568 (4th Cir. 1993). “‘Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.’” Smith, 528 U.S. at 288 (quoting Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986)).
discussed Cited as authority (rule) Hayes v. Secretary, Department of Corrections (Duval County)
M.D. Fla. · 2024 · confidence medium
“Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.” Smith v. Robbins, 528 U.S. 259, 288 (2000) (quoting Gray v. Greer, 800 F.2d 644, 646 (7th Cir.1986)); see also Burger v. Kemp, 483 U.S. 776, 784 (1987) (finding no ineffective assistance of counsel when the failure to raise a particular issue had “a sound strategic basis”).
Retrieving the full opinion text from the archive…
David A. GRAY, Petitioner-Appellant,
v.
James GREER, Respondent-Appellee
83-2779.
Court of Appeals for the Seventh Circuit.
Sep 25, 1986.
800 F.2d 644
Jerold Solovy, Jenner & Block, Chicago, Ill., for petitioner-appellant., James V. Cinotto, Asst. Atty. Gen., Chicago, Ill., for respondent-appellee.
Bauer, Flaum, Grant.
Cited by 426 opinions  |  Published
FLAUM, Circuit Judge.

In 1978, petitioner David Gray was convicted of rape, attempted murder and armed robbery and sentenced to sixty years in prison. Petitioner appeals from the dismissal of his habeas corpus petition. For the reasons stated below, we reverse the magistrate’s order of dismissal and remand to the district court for proceedings consistent with this opinion.

David Gray was first tried for the rape of Ann Brewer on March 28, 1978. His defense was mistaken identity. The government’s case was weakened by the inability of one eyewitness to identify Gray and the lack of corroborating physical evidence to support the in-court identification of Gray by the complaining witness. The trial resulted in a hung jury. The state retried Gray, presenting an additional witness, a former cellmate of Gray’s who testified that he had heard Gray admit to the crimes. This time, the jury convicted Gray. The Illinois State Appellate Defender’s office represented Gray on appeal of his conviction. The appellate brief raised the following issues: 1) insufficiency of the evidence; 2) improper use of the testimony of Gray’s former cellmate; 3) misleading remarks by the prosecutor regarding reasonable doubt; and 4) improper sentencing. The Illinois Appellate Court upheld Gray’s conviction and the Illinois Supreme Court denied leave to appeal.

Gray filed a habeas corpus petition in federal court alleging insufficiency of the evidence, prosecutorial misconduct and improper jury selection procedures. This petition was dismissed for failure to exhaust state remedies pursuant to the Illinois Post-Conviction Hearing Act, Ill.Rev.Stat. ch. 38, § 122-1, et seq. Gray then filed a state post-conviction petition which was dismissed; the dismissal was affirmed on appeal.

Gray then brought his second federal petition for habeas corpus relief. The petition alleged ineffective assistance of appellate counsel and improper jury selection procedures. The parties agreed to proceed before a magistrate pursuant to 28 U.S.C. § 636(c). The magistrate dismissed Gray’s petition, finding that he had not exhausted state remedies with respect to the ineffective assistance of counsel claim. Gray appealed from the dismissal and we reversed, finding that Gray’s failure to raise an ineffective assistance of counsel claim in his initial state petition would prevent the Illinois courts from reviewing this claim. Hence, at the time petitioner filed his second habeas corpus petition in federal court, he had no available state remedies. We reversed and remanded for consideration of Gray’s petition on the merits.

On remand, the magistrate reviewed Gray’s brief on direct appeal and concluded that appellate counsel was not ineffective but rather “did a good job in citing applicable case law____ The four issues raised are wide-ranging and forcefully argued.” The magistrate then found that “Gray’s legal representation by the appellate public defender was, in fact, well above the average in the profession.” The magistrate dismissed Gray’s claim of improper jury selection procedures, finding that absent constitutionally defective counsel, petitioner could not show cause for the failure to raise this issue on direct appeal. This appeal followed.

I.

Petitioner contends that the district court erred in dismissing his claim of ineffective assistance of counsel without reviewing the[*646] record or conducting an evidentiary hearing. In dismissing petitioner’s claim of ineffective assistance of appellate counsel, the magistrate did not review the trial court record. Instead, the magistrate relied solely on his examination of the appellate brief, and, finding the brief to be “a thorough discussion of the four issues raised”, determined that appellate counsel was not ineffective. The basis for the district court’s failure to examine the record was a reluctance to “second guess” appellate counsel regarding the choice of appropriate issues for appeal.

The right to appellate counsel is now firmly established. Evitts v. Lucey, 469 U.S. 387, 105 S.Ct. 830, 83 L.Ed.2d 821 (1985). Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) established the standard for ineffective assistance of counsel, and though it is phrased in terms of ineffective assistance of trial counsel, it can be used as a basis for establishing a standard for effective assistance of appellate counsel. Accord Bowen v. Foltz, 763 F.2d 191, 195 (6th Cir.1985) (Coutie, J. dissenting); Schwander v. Blackburn, 750 F.2d 494, 502 (5th Cir.1985); Mitchell v. Scully, 746 F.2d 951, 954 (2d Cir.1984). Under Strickland, ineffective assistance of counsel will be found when “counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.” Strickland, 104 S.Ct. at 2064. The Strickland standard envisions a two-prong analysis. First, counsel’s performance must have been deficient, and second, the deficiency must have prejudiced the defense. Id. Had appellate counsel failed to raise a significant and obvious issue, the failure could be viewed as deficient performance. If an issue which was not raised may have resulted in a reversal of the conviction, or an order for a new trial, the failure was prejudicial. Were it legitimate to dismiss a claim of ineffective assistance of counsel on appeal solely because we found it improper to review appellate counsel’s choice of issues, the right to effective assistance of counsel on appeal would be worthless. When a claim of ineffective assistance of counsel is based on failure to raise viable issues, the district court must examine the trial court record to determine whether appellate counsel failed to present significant and obvious issues on appeal. Significant issues which could have been raised should then be compared to those which were raised. Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.

The district court supported its decision by analogy to cases in which we have declined to “second guess” trial counsel’s strategic decisions. These cases, however, are inapposite. They involved decisions of counsel which were arguably appropriate at the time, but, with the benefit of “hindsight”, appeared less than brilliant. See United States v. Harris, 558 F.2d 366, 371 (7th Cir.1977). A reviewing court can evaluate appellate counsel’s choice of issues on appeal by examining the trial record and the appellate brief. While it is true that decisions which were arguably correct at the time will not be “second-guessed”, a reviewing court must initially determine whether such decisions were, in fact, strategic.

Respondent may well be correct in its assertion that appellate counsel strategically chose not to raise certain issues on appeal. [1] We hold only that the determination of whether the decision was strategic requires an examination of the trial record. In conducting such an examination, the district court should be guided by defendant’s careful presentation of those issues which allegedly should have been raised on appeal, with accompanying citations to the trial record.

[*647] Respondent contends that we should affirm the district court’s dismissal of the habeas petition because, in any event, petitioner waived his claim to effective assistance of counsel by failing to present it in his first post-conviction proceeding. It is true that petitioner’s failure to raise the issue earlier constitutes a procedural default. Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977). Such a default precludes our review of a constitutional issue only if the petitioner cannot show cause for the default and prejudice resulting from the default. Id. The record is not sufficiently developed to warrant our making such a determination absent consideration by the district court.

In holding that a reviewing court must review the trial record, we emphasize that the right to effective assistance of appellate counsel does not require an attorney to advance every conceivable argument on appeal which the trial record supports. Evitts v. Lucey, 469 U.S. 387, 105 S.Ct. 830, 83 L.Ed.2d 821 (1985); Jones v. Barnes, 463 U.S. 745, 103 S.Ct. 3308, 77 L.Ed.2d 987 (1983). We require only that appellate counsel’s choice of issues for appeal did not fall below “an objective standard of reasonableness.” Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 2065, 80 L.Ed.2d 674 (1984).

We therefore remand to the district court with instructions to review the trial court record and determine whether the issues which petitioner claims appellate counsel failed to raise, would have been clearly more likely to result in reversal or an order for a new trial, and were so obvious from the trial record that the failure to present such issues amounted to ineffective assistance of appellate counsel. [2]

Petitioner further seeks an evidentiary hearing to resolve his claim of ineffective assistance of counsel. An evidentiary hearing is required only if a review of the record is not sufficient to resolve factual disputes regarding the choice of issues. Williams v. Owens, 731 F.2d 391 (7th Cir.1983). Given the nature of petitioner’s claims, it is difficult to envision the evidence or testimony which petitioner would present at such a hearing. When a claim of ineffective assistance of counsel is based on failure to raise issues on appeal, we note it is the exceptional case that could not be resolved on an examination of the record alone. We leave the determination of whether an evidentiary hearing is required to the discretion of the district court after review of the trial court record.

It is further ordered that Circuit Rule 18 shall apply.

1

. Respondent also contends that the district court’s previous examination of the record in connection with claims in petitioner's first habe-as petition makes unnecessary any examination of the record specifically in connection with his ineffective assistance of counsel claim. We find this contention to be without merit.

2

. The appellees submitted a statement, pursuant to Cir.R. 19 addressing the proper disposition of this case on remand. The appellees suggested affirmance of the district court order. Appel-lee’s claim that appellant's petition below raised only appellate counsel’s failure to present the jury selection claim as support for his claim of ineffectiveness of appellate counsel. Appellee argues that the Illinois Supreme Court would not have entertained such an argument in 1979. Reading the petition below liberally, as required by Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), we find that appellant has raised other issues below as well as the jury selection claim to support his claim of ineffectiveness of appellate counsel. Accordingly, we will not decide the effectiveness of appellate counsel on appeal, but remand to the district court for such determination. We take no position on appellant’s jury selection claim.