James W. Brewen v. United States
Cases that cite this one
2 later published cases cite this decision.
- David A. Davis v. W. J. Estelle, Director, Texas Department of Corrections (5th Cir. 1974)
- Thomas Clifford McGowan v. United States (5th Cir. 1976)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
This appeal is from the denial of a motion to vacate, 28 U.S.C. § 2255. On a previous appeal, we reversed and remanded the case with the direction that there be a further evidentiary hearing with appellant present. Brewen v. United States, 5th Cir. 1967, 375 F.2d 285. At the hearing, appellant, represented by court-appointed counsel, was present and testified. At the previous hearing, his former retained counsel had testified.
The district court held that appellant had not been, as he contended, indigent during the time in October, 1962, in which notice could have been filed for a direct appeal. It further held that his retained counsel, under the circumstances of the case, had no duty to advise him of his right to appeal or of the time limits for appeal and that the trial court had no such duty. Cf. Rule 32(a) (2), Fed.R.Crim. P., as amended effective July 1, 1966. A thorough study of the record in this case leads us to the conclusion that these findings are not clearly erroneous.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.