Eldon L. Page v. United States, 884 F.2d 300 (7th Cir. 1989). · Go Syfert
Eldon L. Page v. United States, 884 F.2d 300 (7th Cir. 1989). Cases Citing This Book View Copy Cite
“district courts are the best forums to conduct any inquiries into counsel's strategic decisions that may prove necessary”
134 citation events (47 in the last 25 years) across 33 distinct courts.
Strongest positive: State v. Herrera (arizctapp, 1995-10-17)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) State v. Herrera (3×) also: Cited as authority (rule)
Ariz. Ct. App. · 1995 · signal: accord · quote attribution · 1 verbatim quote · confidence high
district courts are the best forums to conduct any inquiries into counsel's strategic decisions that may prove necessary
discussed Cited as authority (verbatim quote) United States v. Nagib (2×) also: Cited as authority (rule)
E.D. Wis. · 1993 · quote attribution · 1 verbatim quote · confidence high
ineffective assistance may justify vacating and reentering the judgment of conviction
discussed Cited as authority (rule) Patrick Neiss v. Pete Bludworth
9th Cir. · 2024 · confidence medium
Moreover, other circuits have noted that “[c]ounsel could be constitutionally deficient in omitting a dead-bang winner even while zealously pressing other strong (but unsuccessful) claims.” Page v. United States, 884 F.2d 300, 302 (7th Cir. 1989); see also United States v. Cook, 45 F.3d 388, 395 (10th Cir. 1995) (“[W]e conclude that although counsel presented several strong but unsuccessful claims on direct appeal, counsel omitted a ‘dead-bang’ winner . . . and thus rendered ineffective assistance.”) (internal citation omitted)).
cited Cited as authority (rule) Thomas v. United States
W.D. Wis. · 2022 · confidence medium
Id.; Page v. United States, 884 F.2d 300, 302 (1989).
cited Cited as authority (rule) Vang v. United States
W.D. Wis. · 2021 · confidence medium
Id.; Page v. United States, 884 F.2d 300, 302 (1989).
discussed Cited as authority (rule) Martin v. Berghuis
E.D. Mich. · 2021 · confidence medium
Id. (citing Strickland, 466 U.S. at 687-91, 694 ). “[A]n appellate advocate may deliver deficient performance and prejudice a defendant by omitting a ‘dead-bang winner,’ even though counsel may have presented strong but unsuccessful claims on appeal.” United States v. Cook, 45 F.3d 388, 395 (10th Cir. 1995) (citing Page v. United States, 884 F.2d 300, 302 (7th Cir. 1989)).
discussed Cited as authority (rule) Mason v. Rivard
E.D. Mich. · 2020 · confidence medium
Id. (citing Strickland, 466 U.S. at 687-91, 694 ). “[A]n appellate advocate may deliver deficient performance and prejudice a defendant by omitting a ‘dead-bang winner,’ even though counsel may have presented strong but unsuccessful claims on appeal.” United States v. Cook, 45 F.3d 388, 395 (10th Cir. 1995) (citing Page v. United States, 884 F.2d 300, 302 (7th Cir. 1989)).
discussed Cited as authority (rule) Kenitra Monae Casper v. State of Florida (2×)
Fla. Dist. Ct. App. · 2016 · confidence medium
The State says Casper has no remedy now because the sentencing process issue was not a “dead bang winner.” The State’s, reference is to Page v. United States, 884 F.2d 300, 302 (7th Cir. 1989), which stated: The threshold question is not whether trial counsel was inadequate but whether trial counsel was so obviously inadequate that appellate counsel had to present that question to render adequate assistance.
cited Cited as authority (rule) in Re Robert Lee Brown
Tex. App. · 2015 · confidence medium
See Jones v. Barnes, 463 U.S. 745, 751 (1983); Page v. United States, 884 F.2d 300, 302 (7th Cir. 1989).
cited Cited as authority (rule) State v. Wilkins
Kan. Ct. App. · 2014 · confidence medium
So both confess.” Page v. United States, 884 F.2d 300, 301 (7th Cir. 1989).
discussed Cited as authority (rule) State of New Hampshire v. Sean Brown
N.H. · 2014 · confidence medium
On the other hand, other courts have determined that such claims should be presented to the trial court, reasoning that “[t]he trial court is no less competent to assess in the first instance the seriousness of the alleged flaw and appellate counsel’s reasons, if any, for bypassing a particular issue, than it is to assess trial counsel’s alleged miscues and strategic choices.” Hollon v. Com., 334 S.W.3d 431, 439 (Ky. 2010); see, e.g., United States v. Pearce, 992 F.2d 1021, 1022-23 (9th Cir. 1993); Page v. United States, 884 F.2d 300, 301-02 (7th Cir. 1989); Tedder v. State, 586 So. 2d…
cited Cited as authority (rule) Martinez v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
Page v. United States, 884 F.2d 300, 302-03 (7th Cir.1989); see also Provenzano v. Dugger, 561 So.2d 541, 549 (Fla.1990) (“[C]ounsel need not raise every nonfrivolous issue revealed by the record.”).
discussed Cited as authority (rule) Freeman v. Trombley
E.D. Mich. · 2010 · confidence medium
See Meade v. Lavigne, 265 F.Supp.2d 849, 870 (E.D.Mich.2003); Banks v. Reynolds, 54 F.3d 1508, 1515 (10th Cir.1995) (finding failure to raise a “dead bang winner” claim on appeal was constitutionally ineffective assistance of appellate counsel even though other strong claims were raised); Page v. United States, 884 F.2d 300, 302 (7th Cir. 1989) (“The threshold question is not whether trial counsel was inadequate but whether trial counsel was so obviously inadequate that appellate counsel had to present that question to render adequate assistance.
discussed Cited as authority (rule) United States v. Thompson, Timothy
7th Cir. · 2006 · confidence medium
Smith v. Robbins, 528 U.S. 259, 288 , 120 S.Ct. 746 , 145 L.Ed.2d 756 (2000); Jones v. Barnes, 463 U.S. 745 , 103 S.Ct. 3308 , 77 L.Ed.2d 987 (1983); Page v. United States, 884 F.2d 300, 302 (7th Cir.1989) (“One of the principal functions of appellate counsel is winnowing the potential claims so that the court may focus on those with the best prospects.”).
discussed Cited as authority (rule) United States v. Ramsey (2×)
D.D.C. · 2004 · confidence medium
See Hill v. Lockhart, 474 U.S. 52, 59 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985) (stating test as “whether counsel’s constitutionally ineffective performance affected the outcome of the plea process”); Smith v. United States, 348 F.3d 545, 551 (6th Cir.2003) (applying Hill v. Lockhart test to conclude that failure of defense counsel to “provide professional guidance ... regarding his sentence exposure prior to a plea may constitute deficient assistance”) (internal quotation omitted); Page v. United States, 884 F.2d 300, 302 (7th Cir.1989) (stating test as whether the result of the appea…
discussed Cited as authority (rule) Meade v. Lavigne
E.D. Mich. · 2003 · 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 in Monzo v. Edwards, 281 F.3d 568, 579 (6th Cir.2002)). “[A]n appellate advocate may deliver deficient performance and prejudice a defendant by omitting a ‘dead-bang winner,’ even though counsel may have presented strong but unsuccessful claims on appeal.” United States v. Cook, 45 F.3d 388, 395 (10th Cir.1995) (citing Page v. United States, 884 F.2d 300, 302 (7th Cir.1989)).
discussed Cited as authority (rule) Koras v. Robinson
E.D. Mich. · 2003 · confidence medium
“An appellate advocate may deliver deficient performance and prejudice a defendant by omitting a ‘dead-bang winner,’ even though counsel may have presented strong but unsuccessful claims on appeal.” U.S. v. Cook, 45 F.3d 388, 395 (10th Cir.1995) (quoting Page v. U.S., 884 F.2d 300, 302 (7th Cir.1989)); see also Manning v. Huffman, 269 F.3d 720 (6th Cir.2001).
cited Cited as authority (rule) Michael S. Johnson v. United States
2d Cir. · 2002 · confidence medium
In the words of Judge Easterbrook, an objection on this ground was close to “a dead-bang winner.” Page v. United States, 884 F.2d 300, 301 (7th Cir.1989).
discussed Cited as authority (rule) Gross v. State
Md. · 2002 · confidence medium
See, e.g., Banks, 54 F.3d at 1515 ; Cook, 45 F.3d at 395 ; *351 Duhamel, 955 F.2d at 967 ; Heath, 941 F.2d at 1132 ; Cross, 893 F.2d at 1290 ; Page v. United States, 884 F.2d 300, 302 (7th Cir.1989); Gray, 800 F.2d at 646 .
discussed Cited as authority (rule) Pri-Har v. United States
S.D.N.Y. · 2002 · confidence medium
See Feldman v. Henman, 815 F.2d 1318 , *407 1321 (9th Cir.1987) ( “Absent Supreme Court authority contrary to our decision in a case, a district court cannot entertain, even in a manner properly before it, a petition by a party which in effect seeks to undo our court’s resolution of a matter first addressed to and fully and fairly adjudicated by it.”); Page v. United States, 884 F.2d 300, 302 (7th Cir.1989) (“If the court of appeals has actually considered and rejected a claim ... on appeal, that decision binds the district court unless there has been an intervening change in the law.�…
discussed Cited as authority (rule) Santiago Gonzalez v. United States
S.D.N.Y. · 2002 · confidence medium
See Feldman v. Henman, 815 F.2d 1318, 1321 (9th Cir.1987) (“Absent Supreme Court authority contrary to our decision in a case, a district court cannot entertain, even in a manner properly before it, a petition by a party which in effect seeks to undo our court’s resolution of a matter first addressed to and fully and fairly adjudicated by it.”); Page v. United States, 884 F.2d 300, 302 (7th Cir.1989) (“If the court of appeals has actually considered and rejected a claim ... on appeal, that decision binds the district court unless there has been an intervening change in the law.”); Ri…
discussed Cited as authority (rule) United States v. Hollis
D. Kan. · 2002 · confidence medium
However, while it may be acceptable to refrain from pursuing weak claims, “an appellate advocate may deliver deficient performance and prejudice a defendant by omitting a ‘dead-bang’ winner .... ” Cook, 45 F.3d at 395 (citing Page v. United States, 884 F.2d 300, 302 (7th Cir.1989)).
cited Cited as authority (rule) Coddington v. Langley
E.D. Mich. · 2002 · confidence medium
However, appellate counsel can be “constitutionally deficient in omitting a dead-bang winner even while zealously pressing other strong ... claims.” Page v. U.S, 884 F.2d 300, 302 (7th Cir.1989).
discussed Cited as authority (rule) Neill v. Gibson (2×)
10th Cir. · 2001 · confidence medium
Correctly or incorrectly, we have encapsulated the applicable Strickland jurisprudence into the term “dead-bang winner.” See United States v. Cook, 45 F.3d 388, 395 (1995) (citing Page v. United States, 884 F.2d 300, 302 (7th Cir.1989)). 1 Whether we apply this more stringent standard, or an orthodox Strickland approach, we have before us a “dead-bang winner.” While thinly disguising his intent by denying that a person’s “sexual preference” is an “aggravating circumstance,” the prosecutor deviously and despicably incited the jury with the following statement: If I could ask e…
discussed Cited as authority (rule) United States v. West (2×)
5th Cir. · 2001 · confidence medium
See, e.g., United States v. Phillips, 225 F.3d 1198, 1200-01 (11th Cir.2000) (dismissing appeal as untimely because district court failed to follow procedure of granting motion, vacating criminal judgment, and imposing same sentence); United States v. Peak, 992 F.2d 39, 40, 42 (4th Cir.1993) (remanding with instructions to vacate criminal judgment and enter new judgment from which defendant could take direct appeal); Page v. United States, 884 F.2d 300, 302 (7th Cir.1989) ("Ineffective assistance may justify vacating and reentering the judgment of conviction, allowing a fresh appeal.”); Holl…
discussed Cited as authority (rule) United States v. Evans
N.D. Ill. · 2000 · confidence medium
Beyond listing the alleged omissions, he does nothing to suggest that this was deficient performance or that he would have prevailed. “[A]ppellate counsel need not raise all possible claims of error.” Page v. United States, 884 F.2d 300, 302 (7th Cir.1989).
discussed Cited as authority (rule) Miller v. Anderson
N.D. Ind. · 2000 · confidence medium
When the efficacy of appellate counsel is questioned, the court must remember that “one of the principal functions of appellate counsel is winnowing the potential claims so that the court may focus on those with the best prospects.” Page v. United States, 884 F.2d 300, 302 (7th Cir.1989).
discussed Cited as authority (rule) United States v. Orozco-Ramirez
5th Cir. · 2000 · confidence medium
See, e.g., In re Goddard, 170 F.3d 435, 436 (4th Cir.1999); United States v. Peak, 992 F.2d 39, 42 (4th Cir.1993); United States v.. Pearce, 992 F.2d 1021, 1023 (9th Cir.1993); Page v. United *867 States, 884 F.2d 300, 302 (7th Cir.1989); Slater v. United States, 38 F.Supp.2d 587, 590 (M.D.Tenn.1999).
discussed Cited as authority (rule) State v. Smiley, Unpublished Decision (10-28-1999)
Ohio Ct. App. · 1999 · confidence medium
"The threshold question is not whether trial counsel was inadequate but whether trial counsel was so obviously inadequate that appellate counsel had to present that question to render adequate assistance." Id. at 302 (emphasis in original).
cited Cited as authority (rule) United States v. Carletos E. Hardamon, Also Known as Cj
7th Cir. · 1999 · confidence medium
See Taglia, 922 F.2d at 418; Page v. United States, 884 F.2d 300, 302 (7th Cir.1989); United States v. Mazak, 789 F.2d 580, 581 (7th Cir.1986).
cited Cited as authority (rule) United States v. Londono
10th Cir. · 1998 · confidence medium
Ineffective assistance of appellate counsel may exist, however, if counsel omitted a " 'dead-bang winner.' " Id. at 395 (quoting Page v. United States, 884 F.2d 300, 302 (7th Cir.1989)).
discussed Cited as authority (rule) United States v. Ryan
N.D. Ill. · 1997 · confidence medium
As long as counsel does not make professionally unreasonable choices, such as neglecting to raise arguments that are “dead-bang winners,” Page v. United States, 884 F.2d 300, 302 (7th Cir.1989), his choices will not be deemed constitutionally ineffective.
cited Cited as authority (rule) Pratt v. United States
1st Cir. · 1997 · confidence medium
See, e.g., United States v. Pearce, 992 F.2d 1021, 1023 (10th ___ ____ _____________ ______ Cir. 1993); Page v. United States, 884 F.2d 300, 302 (7th Cir. ____ _____________ 1989).
cited Cited as authority (rule) Pratt v. United States
1st Cir. · 1997 · confidence medium
See, e.g., United States v. Pearce, 992 F.2d 1021, 1023 (9th Cir.1993); Page v. United States, 884 F.2d 300, 302 (7th Cir.1989).
discussed Cited as authority (rule) Humberto Martin v. United States (2×)
7th Cir. · 1997 · confidence medium
If Martin is correct in his assertion that the district court erred in its selection of a higher criminal history category, then his appellate counsel omitted the type of appellate issue that Judge Easterbrook has described as a “dead-bang winner.” Page v. United States, 884 F.2d 300, 302 (7th Cir.1989).
discussed Cited as authority (rule) Ronald Mason v. Craig A. Hanks
7th Cir. · 1996 · confidence medium
After all, “[o]ne of the principal functions of appellate counsel is winnowing the potential claims so that the court may focus on those with the best prospects.” Page v. United States, 884 F.2d 300, 302 (7th Cir.1989).
discussed Cited as authority (rule) John F. Rosch v. Director, United States Parole Commission, and John M. Hurley, Warden, F.C.I., Oxford, John F. Rosch v. United States
7th Cir. · 1996 · confidence medium
Page v. United States, 884 F.2d 300, 302 (7th Cir.1989). 16 In any event, the main issue Rosch believes appellate counsel should have raised has been repeatedly addressed by the district court and this court. 3 Rosch believes that appellate counsel should have raised the government's alleged failure to turn over various material in violation of Brady v. Maryland, 373 U.S. 83 (1963).
discussed Cited as authority (rule) United States v. Charles Michael Kissick
10th Cir. · 1995 · confidence medium
Cook, 45 F.3d at 395 (quoting Page v. United States, 884 F.2d 300, 302 (7th Cir.1989)); see also Banks v. Reynolds, 54 F.3d 1508, 1515-16 (10th Cir.1995) (holding that attorney who had failed to raise clearly meritorious issues on appeal provided ineffective assistance).
discussed Cited as authority (rule) United States v. Sims
E.D. Wis. · 1995 · confidence medium
In Page v. United States, 884 F.2d 300, 302 (7th Cir.1989), the Court of Appeals for the Seventh Circuit recognized that claims of ineffective assistance of appellate counsel could be addressed in the district court through a habeas petition under 28 U.S.C. § 2255 .
discussed Cited as authority (rule) Anthony Rozelle Banks v. Dan M. Reynolds, Warden, Oklahoma State Penitentiary, McAlester Oklahoma Susan B. Loving, Attorney General of Oklahoma
10th Cir. · 1995 · confidence medium
However, “an appellate advocate may deliver deficient performance and prejudice a defendant by omitting a ‘dead-bang winner,’ even though counsel may have presented strong but unsuccessful claims on appeal.” Cook, 45 F.3d at 394 -95 (citing Page v. United States, 884 F.2d 300, 302 (7th Cir.1989)). 13 In this ease, Mr. Banks’ appellate counsel failed to raise either the Brady claim or the ineffective assistance of trial counsel claim on direct appeal. 14 These were not frivolous or weak claims amenable to being winnowed out of an otherwise strong brief.
discussed Cited as authority (rule) Andres Alvarez v. United States
7th Cir. · 1995 · confidence medium
"The remedy for such a violation is a new appeal, as if from the original judgment." Mosley, 967 F.2d at 243 (citing Page v. United States, 884 F.2d 300, 302 (7th Cir.1989)); Estes v. United States, 883 F.2d 645, 649 (8th Cir.1989)). "[T]he only remedy for the failure of the district court to advise a defendant of his right to appeal is for the case to be remanded to the district court for resentencing at which time the court should inform him of his appeal rights as required by Fed.R.Crim.P. 32(a)(2)." Nance, 422 F.2d at 592 . 15 Alvarez also raises claims of ineffective assistance of counsel…
cited Cited as authority (rule) United States v. Lewis Aaron Cook
10th Cir. · 1995 · confidence medium
Page v. United States, 884 F.2d 300, 302 (7th Cir.1989).
discussed Cited as authority (rule) United States v. Kareem A. Nagib (2×)
7th Cir. · 1995 · confidence medium
Page v. United States, 884 F.2d 300, 302 (7th Cir.1989).
discussed Cited as authority (rule) United States v. Mitchell
E.D. Wis. · 1994 · confidence medium
See Castellanos, 26 F.3d at 720 (where district court determines that trial counsel was ineffective in that he failed to perfect an appeal even though the defendant instructed the lawyer to appeal his sentence, appropriate relief for the ineffective assistance is for the defendant to receive “the right to an appellate proceeding, as if on direct appeal----”); Page v. United States, 884 F.2d 300, 302 (7th Cir.1989) (“Ineffective assistance may justify vacating and reentering the judgment of conviction, allowing a fresh appeal.”).
discussed Cited as authority (rule) United States v. Samuel H. South
7th Cir. · 1994 · confidence medium
See United States v. Taglia, 922 F.2d 413, 418 (7th Cir.), cert. denied, 500 U.S. 927 , 111 S.Ct. 2040 , 114 L.Ed.2d 125 (1991); Page v. United States, 884 F.2d 300, 302 (7th Cir.1989); United States v. Mazak, 789 F.2d 580, 581 (7th Cir.1986).
discussed Cited as authority (rule) Jeffrey Waldecker v. United States
7th Cir. · 1993 · confidence medium
And if his lawyer indeed were ineffective, he probably would not have taken an appeal alleging his own ineptitude, see Page v. United States, 884 F.2d 300, 301 (7th Cir.1989), whether or not the record were sufficiently developed to enable this court to make that judgment.
discussed Cited as authority (rule) Earl Dean Bond v. United States
7th Cir. · 1993 · confidence medium
For instance, appellate counsel may be “constitutionally deficient in omitting a dead-bang winner even while zealously pressing other strong (but unsuccessful) claims.” Page v. *635 United States, 884 F.2d 300, 302 (7th Cir. 1989). 2 That “dead-bang winner” could be the argument that trial counsel made errors so serious that his representation fell “outside the wide range of professionally competent assistance.” Strickland v. Washington, 466 U.S. 668, 690 , 104 S.Ct. 2052, 2066 , 80 L.Ed.2d 674 (1984); see also Evitts v. Lucey, 469 U.S. 387, 397 , 105 S.Ct. 830, 836 , 83 L.Ed.2d 82…
discussed Cited as authority (rule) J.B. Rush v. United States
7th Cir. · 1993 · confidence medium
Instead one must establish an intervening change in law, Page v. United States, 884 F.2d 300, 302 (7th Cir.1989), or the existence of cause for, and prejudice from, the omissions in the direct appeal.
discussed Cited as authority (rule) United States v. Percy James Pearce
9th Cir. · 1993 · confidence medium
We adopt the approach of the Seventh Circuit, wherein a district court is permitted to vacate and reenter the judgment of conviction, thereby “allowing a fresh appeal.” Page v. United States, 884 F.2d 300, 302 (7th Cir.1989).
discussed Cited as authority (rule) United States v. James Davenport
7th Cir. · 1993 · confidence medium
See United States v. Taglia, 922 F.2d 413, 418 (7th Cir.1991) (a person making a claim of ineffective assistance under § 2255 “is unlikely to get to first base if he already has presented a claim of ineffective assistance to the court of appeals unsuccessfully.”); United States v. Mazak, 789 F.2d 580 (7th Cir.1986); Page v. United States, 884 F.2d 300, 302 (7th Cir.1989); see also Sanders v. United States, 373 U.S. 1 , 83 S.Ct. 1068 , 10 L.Ed.2d 148 (1963); cf. McCleskey v. Zant, — U.S. —, 111 S.Ct. 1454 , 113 L.Ed.2d 517 (1991).
Eldon L. PAGE, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee
88-1708.
Court of Appeals for the Seventh Circuit.
Sep 1, 1989.
884 F.2d 300
Eldon L. Page, Oxford, Wis., pro se., R. Jeffrey Wagner, Nathan A. Fishbach, Asst. U.S. Attys., John E. Fryatt, U.S. Atty., Office of the U.S. Atty., Milwaukee, Wis., for U.S.
Cummings, Posner, Easterbrook.
Cited by 103 opinions  |  Published
EASTERBROOK, Circuit Judge.

Students of strategy and bargaining cut their teeth on the game of Prisoners’ Dilemma. Two prisoners, unable to confer with one another, must decide whether to take the prosecutor’s offer: confess, inculpate the other, and serve a year in jail, or keep silent and serve five years. If the prisoners could make a (binding) bargain with each other, they would keep silent and both would go free. But they can’t communicate, and each fears that the other will talk. So both confess. Studying Prisoners’ Dilemma has led to many insights about strategic interactions. See Thomas C. Schelling, The Strategy of Conflict 53-80, 119-61 (1960; 1980 rev.); Robert Axel-rod, The Evolution of Cooperation (1984). Eldon Page did not have the leisure to study the game before he had to play it.

Page and Maurice Falls were charged with armed bank robbery. On the day set for Page’s trial, the prosecutor appeared with Falls in tow. Falls had signed an agreement promising, in exchange for a lower sentence, to plead guilty and testify against Page. After the judge accepted Falls’ plea, Page caved in and pleaded guilty too. Back in jail, Falls and Page were able at last to coordinate. Each presently asked leave to withdraw his plea. Too late, the judge said. Both were sentenced and appealed. We affirmed in an unpublished order.

Page tried again, filing a petition under 28 U.S.C. § 2255 and arguing that trial counsel rendered ineffective assistance in letting him plead guilty. This was brought up short by the fact that Page had not argued on his original appeal that trial counsel was constitutionally inadequate. Because Page had fresh counsel for the appeal, the omission forfeits the point unless Page could establish “cause” for and “prejudice” from the neglect. United States v. Kovic, 830 F.2d 680, 684 (7th Cir.1987). See Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977). Ineffective assistance of counsel is “cause”, Murray v. Carrier, 477 U.S. 478, 488, 106 S.Ct. 2639, 2645, 91 L.Ed.2d 397 (1986), so Page maintains that his appellate counsel was ineffective in failing to challenge the effectiveness of trial counsel. See Evitts v. Lucey, 469 U.S. 387, 105 S.Ct. 830, 83 L.Ed.2d 821 (1985). Page also points to other aspects of appellate counsel's performance that he finds deficient. Fearing infinite regress, the district judge brushed aside all questions concerning appellate counsel and went straight to the foundation of the claim, holding that Page’s trial counsel had supplied effective assistance and denying the petition for relief.

The first question facing us on Page’s appeal is whether ineffective assistance of counsel may be raised at all, and if so in which court. The United States Attorney insists that the attack on appellate counsel comes too late. It, too, was surrendered because not raised on appeal. Such an argument is better suited to the works of Ionesco and Beckett than to the Federal Reporter. How could appellate counsel attack his own competence? Although this is not logically impossible (counsel could say, for example, that although he knew he ought to challenge trial counsel he had not had the time to prepare a brief on the subject), it is so implausible that we cannot demand it of counsel. Few of us have insight into our shortcomings; fewer still have the nerve to flaunt our own failings. Just as trial counsel need not attack his competence during trial, appellate counsel need not protest his inadequacies. That may be left to the next step in the process without fear of forfeiture.

“Where” is slightly more difficult than “whether”. Two courts of appeals have held that the defendant’s exclusive recourse is a motion asking the court of appeals to recall its mandate on the ground of counsel’s inadequacy. Feldman v. Henman, 815 F.2d 1318, 1321-22 (9th Cir.1987); United States v. Winterhalder, 724 F.2d 109, 111 (10th Cir.1983). They reason that because district judges must obey the mandate of the court of appeals, and may not issue orders compelling appellate courts to[*302] do anything (such as hear the appeal anew, a common remedy for deficient appellate counsel), the claim must come to the court of appeals in the first instance. Other courts of appeals have allowed defendants to start in the district courts. E.g., Mack v. Smith, 659 F.2d 23, 25-26 (5th Cir.1981); United States v. DeFalco, 644 F.2d 132, 137 (3d Cir.1979). We join this latter group.

Section 2255 authorizes collateral attacks on criminal judgments. It also specifies the forum: “the court which imposed the [contested] sentence”. That statutory designation prevails even though relief may call for revision of a judgment that has been affirmed by the court of appeals. Review of existing judgments simply defines a “collateral” attack. If the court of appeals has actually considered and rejected a claim of ineffective assistance of counsel on appeal, that decision binds the district court unless there has been an intervening change of law. United States v. Mazak, 789 F.2d 580 (7th Cir.1986). But if the issue has never been presented on appeal, it is open in the district court as any other question would be under § 2255.

Relief does not require the district court to issue orders to the court of appeals. District courts may grant relief. Ineffective assistance may justify vacating and reentering the judgment of conviction, allowing a fresh appeal. It may also justify a new trial on occasion. Counsel is ineffective only if performance below the norms of the profession causes prejudice. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984). Prejudice means a “reasonable probability that, but for counsel’s unprofessional errors, the result of the [appeal] would have been different”, id. at 694, 104 S.Ct. at 2068. Showing a “reasonable probability” but not certainty supports a new judgment and a new appeal (so that we may decide whether the outcome actually would have been different). If the showing goes further and establishes to the district court’s satisfaction that reversal would have been a sure thing, this must mean that the district judge has become convinced that there was a fatal error in the trial. That error—which may be reached once the ineffective assistance clears away the bar of Wainwright v. Sykes—requires a new trial or other remedy adequate to rectify the wrong. So whether the remedy turns out to be a new appeal or a new trial, the district judge need not issue an order binding on this court. No rule of law forbids district courts to entertain proceedings that call into question the adequacy of counsel’s performance on appeal. See Standard Oil Co. v. United States, 429 U.S. 17, 97 S.Ct. 31, 50 L.Ed.2d 21 (1976), holding that district courts do not need leave of appellate courts to entertain motions under Fed.R. Civ.P. 60(b) alleging fraud on the court. Because district courts are the best forums to conduct any inquiries into counsel’s strategic decisions that may prove necessary, we conclude that Page properly filed this petition in the district court rather than our court.

Having got this far, however, Page is stymied. For appellate counsel need not raise all possible claims of error. Jones v. Barnes, 463 U.S. 745, 103 S.Ct. 3308, 77 L.Ed.2d 987 (1983). One of the principal functions of appellate counsel is winnowing the potential claims so that the court may focus on those with the best prospects. Defendants need dedicated, skillful appellate counsel, not routineers who present every non-frivolous claim. (Recall the saw: “He needed a lawyer, and all he had was a member of the bar.”) Page has not argued that his appellate counsel failed to advocate his cause skillfully on the initial appeal. He has argued, instead, that counsel left out an issue he deems meritorious. The district court responded by deciding that trial counsel had furnished effective assistance, as if the claim of ineffective appellate counsel were equivalent to proof.

The threshold question is not whether trial counsel was inadequate but whether trial counsel was so obviously inadequate that appellate counsel had to present that question to render adequate assistance. Counsel could be constitutionally deficient in omitting a dead-bang winner even while zealously pressing other strong (but unsuccessful) claims. Page falls well short of[*303] making such a showing, however. Counsel advised Page to get the best deal he could after Falls turned against him. Page is not the first and will not be the last to feel the sting of Prisoners’ Dilemma, and the Constitution does not demand that counsel escape a predicament that game theorists consider inescapable in one-shot performances. The district judge found that Page’s lawyer prepared conscientiously for trial, made appropriate motions, and would have gone forward had Page stood on his former plea of innocence. Page insists that trial counsel lied when informing him that Falls would testify against him; as the district court observed, this is what Falls had promised to do in the written plea agreement. We need not agree with the district court’s conclusion that trial counsel was adequate to see that appellate counsel could have made a reasoned decision to pursue other arguments instead. Page’s remaining claims — that appellate counsel did not consult “meaningfully” with him in preparing the appeal, that counsel’s briefs were vague, that counsel did not file a petition for rehearing after losing — are insufficient to call into question the adequacy of the representation. See Morris v. Sloppy, 461 U.S. 1, 13-14, 103 S.Ct. 1610, 1617, 75 L.Ed.2d 610 (1983).

Affirmed.