Legal Opinion

United States of America Ex Rel. John G. O'Brien C-8019 v. J. F. Maroney, Superintendent, State Correctional Institution at Pittsburgh, Pennsylvania

Court of Appeals for the Third Circuit

Decided March 31, 1970No. 17970PublishedCited by 54 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

We are called upon to determine the consequences of a failure to appeal a state criminal conviction when appellant knew of his right to appeal, questioned his privately retained counsel about seeking appellate review, and realized that his counsel had no intention of filing and perfecting an appeal.

More than sixteen years ago, in September, 1953, appellant was arrested and charged with armed robbery, burglary, and violations of the Pennsylvania Firearms Act. Because he was imprisoned in a neighboring county awaiting trial on an unrelated charge,…

2Cases cited31 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Griffin v. IllinoisSupreme Court of the United States · 1956
  4. Douglas v. CaliforniaSupreme Court of the United States · 1963
  5. Draper v. WashingtonSupreme Court of the United States · 1963

26 more not listed; retrieve them via the Exa API.

3Cited by54 opinions

  1. United States ex rel. Caruso v. ZelinskyCourt of Appeals for the Third Circuit · 1982
  2. Commonwealth v. HillSupreme Court of Pennsylvania · 1973
  3. United States ex rel. Hart v. DavenportCourt of Appeals for the Third Circuit · 1973
  4. James Morris Fletcher v. James HookCourt of Appeals for the Third Circuit · 1971
  5. Arthur Lee Norris v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1979

49 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API