Legal Opinion

Thomas Clifford McGowan v. United States

Court of Appeals for the Fifth Circuit

Decided September 3, 1976No. 76-1765Published

1Opinion of the Court

EER CURIAM:

Thomas Clifford McGowan was convicted of unlawfully possessing a sawed-off shotgun in violation of 26 U.S.C. § 5861(d) and 5871. He took no direct appeal from that conviction. He has petitioned the court below for relief under 28 U.S.C. § 2255, contending that he requested and paid his retained attorney to appeal his conviction, but the attorney had failed to do so. McGowan argued that in the circumstances his retained counsel’s failure to appeal constituted a deprivation of his constitutional rights to adequate and competent representation. After an evidentiary hearing on…

2Cases cited4 opinions

  1. Otis Ray Fitzgerald v. W. J. Estelle, Director Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1975
  2. James Walter Brewen v. United StatesCourt of Appeals for the Fifth Circuit · 1967
  3. Robert A. Edwards v. State of LouisianaCourt of Appeals for the Fifth Circuit · 1975
  4. James W. Brewen v. United StatesCourt of Appeals for the Fifth Circuit · 1968

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