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eBook details

• Title: Rodriquez v. United States
• Author : Supreme Court of the United States
• Release Date : January 02, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Petitioner brought this suit for post-conviction relief under 28 U. S. C. ? 2255, alleging that after his conviction on several narcotics charges he had been improperly denied his right to appeal. Petitioner was sentenced to 11 concurrent 20-year terms on June 20, 1963. Immediately after the sentencing, petitioners retained counsel attempted to make a motion requesting leave for petitioner to proceed in forma pauperis. The trial judge cut petitioners counsel off, saying that all motions had to be in writing. Without making any further inquiry, he adjourned the court. No written motions were ever filed, and petitioners counsel did not submit a notice of appeal within the 10-day period specified by the applicable rule. On August 7, 1963, after the time had expired, petitioner attempted to file a notice of appeal himself. He declared that an oral notice had been given at trial. The trial judge ruled that the expiration of the appeal period deprived the court of jurisdiction. Petitioner then sought relief in the Court of Appeals for the Ninth Circuit. He alleged that he had told his counsel to perfect an appeal, but that counsel had failed to do so. The Ninth Circuit denied petitioners motion for lack of jurisdiction, citing United States v. Robinson, 361 U.S. 220 (1960). It also refused habeas corpus.

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