Murphy v. Balkcom

Petitioner, convicted of possession of a controlled substance, seeks an out-of-time appeal contending that he was not informed of his right to appeal by his attorney or by the trial court after his conviction. He also contends that he requested his attorney to file an appeal but that the attorney took no action. The attorney testified by deposition at the habeas hearing stating that while he had no independent recollection of the case, it was and had been his usual custom and practice to inform his clients of their right to appeal following a conviction. If the client was indigent, his…