[DOWNLOAD] "Cartwright v. United States" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Cartwright v. United States
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 07, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
O'SULLIVAN, Circuit Judge. This appeal is from denial by the United States District Court for the Eastern District of Michigan of petitioner's motion to vacate sentence under 28 U.S.C. § 2255. Petitioner, Luther S. Cartwright, was convicted in the District Court of three counts of an indictment charging him with bank robbery under 18 U.S.C. § 2113(a) and (d) and on March 22, 1966 was sentenced to three concurrent twenty-year terms of imprisonment. He was represented at trial by court-appointed counsel. His petition, filed on August 4, 1967, and denominated Petition for Belated Direct Appeal, but correctly treated by the District Judge as a § 2255 application, asserts entitlement to relief because of the alleged fact that his appointed attorney failed to take an appeal as requested by Cartwright. The District Judge denied relief without conducting a hearing to test the truth of Cartwright's claims. He expressed his view that, although there is authority to the contrary, this Court, under its decision in United States v. Stigall, 374 F.2d 854 (1967), cert. denied, 389 U.S. 885, 88 S. Ct. 159, 19 L. Ed. 2d 184 (1967), is committed to the proposition that the failure of counsel to comply with a request to file an appeal,