Legal Opinion
John Frederick Bartelt v. Hon. Ernest Guinn, District Judge, U.S. District Court for the Western District of Texas
Court of Appeals for the Fifth Circuit
Decided October 15, 1973No. 72-2235PublishedCited by 4 opinions
1Per curiam
John Frederick Bartelt filed a motion to vacate sentence, 28 U.S.C., § 2255, alleging that his retained counsel had failed to file and prosecute a direct appeal from a criminal conviction despite assurances that such would be done. The motion was denied without a hearing and Bartelt appeals.
Upon examination of the record, we find that an evidentiary hearing should have been held, with appropriate findings of fact and conclusions of law, Atilus v. United States, 5 Cir., 1969, 406 F.2d 694; Fuentes v. United States, 5 Cir., 1972, 455 F.2d 910; Powers v. United States, 5 Cir., 1971, 446 F.2d 22;…
2Cases cited5 opinions
- Rodriquez v. United StatesSupreme Court of the United States · 1969
- Jerome Atilus v. United StatesCourt of Appeals for the Fifth Circuit · 1969
- Herminio H. Gallegos v. United StatesCourt of Appeals for the Fifth Circuit · 1972
- Albert Fuentes, Jr., and Edward J. Montez v. United StatesCourt of Appeals for the Fifth Circuit · 1972
- Carl William Powers v. United States of America, No. 71-1352. Summary Calendar. (1) Rule 18, 5 Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Company of New York, 5 Cir., 1970, 431 F.2d 409 Part ICourt of Appeals for the Fifth Circuit · 1971
3Cited by4 opinions
- Demetri Thor v. United StatesCourt of Appeals for the Fifth Circuit · 1978
- Bartelt v. United StatesCourt of Appeals for the Fifth Circuit · 1974
- John Frederick Bartelt v. United States of America, No. 74-1793 Summary Calendar. Rule 18, 5 Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5 Cir., 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1974
- United States v. Andre ParrotteCourt of Appeals for the Fourth Circuit · 1992