Martin v. State

In 1987 Albert Martin, Jr., was found guilty by a jury of aggravated robbery and sentenced to forty years imprisonment. No appeal was taken. Martin did not seek a belated appeal from this court within eighteen months of the date of judgment as required by Criminal Procedure Rule 36.9. Petitioner subsequently filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the United States District Court in which he contended that his counsel at trial was ineffective for failing to perfect an appeal. The district court concluded that Martin had not been afforded effective assistance…