Is a federal prisoner entitled to a hearing under 28 U.S.C.A. Regulations 2255 if his attorney fails to note and perfect an appeal?
MultiRegion, United States of America
The following excerpt is from Dodd v. United States, 321 F.2d 240 (9th Cir. 1963):
The trial court denied relief stating, "This circuit has held, even with a federal prisoner where there is an absolute right to appeal, that the failure of an attorney to note and perfect an appeal affords no right to a hearing under 28 U.S.C.A. 2255. Dennis v. United States, 4 Cir., 177 F.2d 195. No constitutional question is raised by the failure to perfect an appeal." (190 F.Supp. p. 611).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a prison official be liable under federal law for failing to intervene when a fellow officer is violating a prisoner's constitutional rights? (MultiRegion, United States of America)
Does a transfer of an inmate from a federal prison to another federal prison violate the inmate's right to a new facility? (MultiRegion, United States of America)
If petitioner fails to raise the issue of competence on appeal, is he entitled to a hearing as to the "cause" for his failure to do so? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
In what circumstances will a federal district court order dismissing a complaint and action with prejudice be appealed before a federal appeals court? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Is there a need for a plenary hearing to determine whether a prisoner is entitled to no relief in a federal habeas corpus proceeding? (MultiRegion, United States of America)
Does the US Federal Trade Commission have the authority to regulate an industry that is subject to heavy federal regulation? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
