Friday, June 29, 2007

Attorney failed to file appeal as instructed

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, SENTENCING

US v. Poindexter, No. 05-7635, 05-7636
Denial of motion to vacate sentence under 28 U.S.C. section 2255 is vacated and remanded as an attorney renders constitutionally ineffective assistance of counsel if he fails to follow his client's unequivocal instruction to file a timely notice of appeal, even though the defendant may have waived his right to challenge his conviction and sentence in the plea agreement

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