No. 20-8393

Robert Steven McDaniel v. Georgia

Lower Court: Georgia
Docketed: 2021-06-23
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-rights counsel-error criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction-remedies right-to-appeal
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (from Petition)

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?

Question Presented (AI Summary)

Whether the defendant's due process rights were violated by the denial of his right to appeal an out-of-time appeal

Docket Entries

2021-10-04
Petition DENIED.
2021-08-05
DISTRIBUTED for Conference of 9/27/2021.
2021-03-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 23, 2021)

Attorneys

Robert S. McDaniel
Robert S. McDaniel — Petitioner