Cite as: 528 U. S. 470 (2000)
Opinion of the Court
"The evidence in this case is, I think, quite clear that there was no consent to a failure to file [a notice of appeal].
. . . . . "It's clear to me that Mr. Ortega had little or no understanding of what the process was, what the appeal process was, or what appeal meant at that stage of the game.
"I think there was a conversation [between Ortega and Kops] in the jail. Mr. Ortega testified, and I'm sure he's testifying as to the best of his belief, that there was a conversation after the pronouncement of judgment at the sentencing hearing where it's his understanding that Ms. Kops was going to file a notice of appeal.
"She has no specific recollection of that. However, she is obviously an extremely experienced defense counsel. She's obviously a very meticulous person. And I think had Mr. Ortega requested that she file a notice of appeal, she would have done so.
"But, I cannot find that he has carried his burden of showing by a preponderance of the evidence that she made that promise." App. 132-133.
The Magistrate Judge acknowledged that under precedent from the Court of Appeals for the Ninth Circuit, United States v. Stearns, 68 F. 3d 328 (1995), a defendant need only show that he did not consent to counsel's failure to file a notice of appeal to be entitled to relief. The judge concluded, however, that Stearns announced a new rule that could not be applied retroactively on collateral review to respondent's case. See Teague v. Lane, 489 U. S. 288 (1989). Thus, the Magistrate Judge recommended that the habeas petition be denied. App. 161. The District Court adopted the Magistrate's findings and recommendation, and denied relief. Id., at 162-163.
The Court of Appeals for the Ninth Circuit reversed, reasoning that the rule it applied in Stearns—that a habeas petitioner need only show that his counsel's failure to file a
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