Monday, May 23, 2011

Evidentiary hearing required when counsel claims petitioner did not request to note an appeal

United States v. Velascu, No. 10-7067 (4th Cir. May 18, 2011):

This is a classic case of a petitioner claiming that he told his attorney to note an appeal, and the attorney claiming that the petitioner did not request that he note an appeal.  In the face of two sworn, conflicting such statements, the law is clear that an evidentiary hearing is required.  Accordingly, the Fourth Circuit vacated and remanded for an evidentiary hearing.

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