Turner v. United States

OPINION AND ORDER GRANTING PETITIONER’S 28 U.S.C. § 2255 MOTION FOR AN APPELLATE PROCEEDING AS IF ON DIRECT APPEAL

ROSEN, District Judge.

I. INTRODUCTION

Before the Court is the 28 U.S.C. § 2255 Motion of Petitioner Elmo Turner to receive an appellate proceeding regarding his sentencing because he was effectively denied the assistance of counsel when his attorney failed to file an appeal, despite Petitioner’s request for one. In response to this Motion, the Court ordered Petitioner and his attorney, Mr. Paul A. McKenna, to file affidavits which addressed whether or not Petitioner asked Mr.…