David Thomas Carey v. Bobby J. Leverette, Warden, West Virginia State Penitentiary

David Carey appeals from a decision of the district court denying his petition for a writ of habeas corpus. The sole issue on appeal is whether the district court properly held that appellant’s constitutional right to effective counsel was not violated when his attorney failed to inform him of his right of appeal following his plea of guilty to a charge of second degree rape in a West Virginia state court. We affirm.

In Nelson v. Peyton, 415 F.2d 1154 (4th Cir. 1969), this court required that an individual who was convicted following a plea of not guilty be informed of his right to appeal. In…