Legal Opinion
United States v. Garrett
Court of Appeals for the Tenth Circuit
Decided April 6, 2005No. 03-6176PublishedCited by 56 opinions
1Opinion of the Court
McKAY, Circuit Judge.
Defendant-appellant Delmar Garrett, proceeding pro se, appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. We vacate the district court’s order and remand for further proceedings to resolve the factual issue of whether Mr. Garrett had requested his attorney to file a notice of appeal. If he actually made such a request and counsel disregarded it, Supreme Court and Tenth Circuit authority dictates that he is entitled to a delayed direct appeal of his criminal sentence. 1
I. Procedural and Factual Background
Mr.…
2Cases cited8 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Roe v. Flores-OrtegaSupreme Court of the United States · 2000
- United States v. HahnCourt of Appeals for the Tenth Circuit · 2004
- Peguero v. United StatesSupreme Court of the United States · 1999
- United States v. CockerhamCourt of Appeals for the Tenth Circuit · 2001
3 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Garza v. IdahoSupreme Court of the United States · 2019
- United States v. PoindexterCourt of Appeals for the Fourth Circuit · 2007
- United States v. ShedrickCourt of Appeals for the Third Circuit · 2007
- Francisco Gomez-Diaz v. United StatesCourt of Appeals for the Eleventh Circuit · 2005
- Clayton v. JonesCourt of Appeals for the Tenth Circuit · 2012
51 more not listed; retrieve them via the Exa API.