Henry Wheeler Holley v. Erma E. Cheuvront

ELY, Circuit Judge.

In a California state court, appellant pleaded guilty to a charge of manslaughter. Following imposition of a sentence of confinement, he sought to appeal from the judgment of conviction. His Notice of Appeal was not submitted within the time required by California rules; hence, the clerk rejected it. At the same time, appellant was informed as to how he might seek relief from his default.

Subsequently, appellant moved the state court to vacate the judgment. This motion to vacate was denied, and again, a Notice of Appeal was filed after the time limit of ten days had expired.…