Welch v. Gladden

This is a post-conviction proceeding in which petitioner’s appointed counsel, by neglecting to timely file a notice of appeal, deprived petitioner of his right to appeal. The state appeals from the judgment of the trial court granting petitioner a delayed appeal.

The petitioner, William J. Welch, was convicted in Multnomah County of assault and robbery while being armed with a dangerous weapon, ORS 163.280, and on April 5, 1965, was sentenced to the penitentiary for life. When petitioner was sentenced he notified the trial judge in open court that he wished to appeal and asked the court to…