GARDNER v. PITCHESS

No. 83-5992.

731 F.2d 637 (1984)

Enos Jay GARDNER, Petitioner-Appellee, v. Peter J. PITCHESS, Sheriff of Los Angeles County; John Van De Kamp, District Attorney for Los Angeles County, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 20, 1984.


Attorney(s) appearing for the Case

William Rehwald, Rehwald, Rameson & Lewis, Van Nuys, Cal., for petitioner-appellee.

Donald F. Roeschke, Deputy Atty. General, Los Angeles, Cal., for respondents-appellants.

Before KENNEDY, SCHROEDER and BOOCHEVER, Circuit Judges.


BOOCHEVER, Circuit Judge.

The State of California (the State) appeals the grant of a writ of habeas corpus. Enos Gardner alleged he was denied effective counsel in his state conviction because his counsel never filed an appeal brief, resulting in the dismissal of Gardner's appeal. The State contends that it properly refused to reinstate Gardner's appeal because of contradictions in Gardner's explanations for his delay in seeking reinstatement. The State also argues...

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