Lyles v. United States, 21782.
| Decision Date | 15 February 1965 |
| Docket Number | No. 21782.,21782. |
| Parties | Henry LYLES, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Henry Lyles, pro se.
James O. Murphy, Jr., Asst. U. S. Atty., Miami, Fla., William A. Meadows, Jr., U. S. Atty., Miami, Fla., for appellee.
Before TUTTLE, Chief Judge, RIVES, Circuit Judge, and SIMPSON, District Judge.
This is an appeal from the denial without a hearing of a motion under 28 U.S.C. § 2255. One issue implicit in the appeal is whether the record discloses that the appellant's right to appeal from the judgment of conviction may have been so frustrated as to justify relief under the principles presently stated by this court in No. 21,428, Pate v. Holman, Warden Kilby Prison, Alabama, 5 Cir., 341 F.2d 764. See also Johnson v. United States, 1957, 352 U.S. 565, 77 S.Ct. 550, 1 L.Ed.2d 593; Ellis v. United States, 1958, 356 U.S. 674, 78 S.Ct. 974, 2 L.Ed.2d 1060; Carnley v. Cockran, 1962, 369 U.S. 506, 516, 82 S.Ct. 884, 8 L.Ed.2d 70; Escobedo v. Illinois, 1964, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977; United States ex rel. Durocher v. LaVallee, 2d Cir. 1964, 330 F.2d 303; Taylor v. United States, W.D.Mo. 1963, 215 F.Supp. 336; United States v. Cuthbert, W.D.Mo.1963, 215 F.Supp. 333, affirmed 8th Cir. 1964, 325 F.2d 920.
To the end that that issue, along with the other issues on this appeal, may be fairly and adequately presented, it is ordered that the submission be vacated and the case restored to the docket to be again set for hearing in due course. It is further ordered that counsel be appointed to represent the appellant on this appeal.
So ordered.
To continue reading
Request your trial
-
Camp v. United States, 22280.
...v. Wainwright, 5 Cir., 1965, 347 F.2d 190. We considered the same question in a case involving a federal prisoner in Lyles v. United States, 5 Cir., 1965, 341 F.2d 917. There we remanded for a determination by the District Court of whether the indigent appellant's right to appeal had been f......
-
Mosley v. Dutton
...right of appeal, see Pate v. Holman, Warden, 5 Cir. 1965, 341 F.2d 764, modified on rehearing, 343 F.2d 546; compare Lyles v. United States, 5 Cir. 1965, 341 F.2d 917; Camp v. United States, 5 Cir. 1965, 352 F.2d 6 We are not informed as to how the "confession" of M. F. Mosley, a co-defenda......
-
Atilus v. United States, 25916.
...no difficulty in remedying this defect by permitting a late filing. Boruff v. U. S., (5 Cir., 1962), 310 F.2d 918. See Lyles v. U. S., (5th Cir., 1965) 341 F.2d 917. When the failure to file the notice of appeal occurs where the trial is conducted by counsel of the defendant's own choosing ......
-
Adams v. Ellenbrand, 9631.
......v. Commander Ralph E. ELLENBRAND, Appellee. No. 9631. United States Court of Appeals Fourth Circuit. Argued November 20, 1964. Decided ......