Robert Steven McDaniel v. Georgia
HabeasCorpus
1. TO AN APPEAL OR OUT-OF-TIME- APPEAL?
2. Is The AbANDOUMeNT of couNsEl fOR ThE defENdaNT AfTER A
PlEA hERINg OR SENTENCINg Of CONSTITOTIONAl MAGNTUDE,
vilATIN
ThE SixTh AMaNdMENT of EffEcTivE ASSiSTANCE
of COUNSEl?
3. If The defedANT, A LAyMAN,
shOws THAT hiS COUNsEl WAS
AppEAl OR ANY pOST-CONVICTiON REMECIES AFTER hiS PLEA,
ANd ThAT COUNSEL WAS dEFICIENT iN fAiLiNg TO FILE A
TIMEly NOTICE of APpEAL, ANd THAT,
bUT fOR COUNSEl's
he would have appenled, Is The deferdan?
deficiency,
bE A violaTioN of defwdaN's dve pRocess Rights?
4. DES THE TRiAl COURT hAVE A dUTY TO INFORM
CRIMINAl dEfENdANTS of ThEiR RighTS TO APEAl
AND THUS AR dEFENDANTS ENTITlE
TO AN OUT-OF
TIME AppEAl if NOT SO AdvisEd?
Whether the defendant's due process rights were violated by the denial of his right to appeal an out-of-time appeal