HOLLEY v. CHEUVRONT

No. 20177.

351 F.2d 615 (1965)

Henry Wheeler HOLLEY, Appellant, v. Erma E. CHEUVRONT et al., Appellees.

United States Court of Appeals Ninth Circuit.

October 26, 1965.


Attorney(s) appearing for the Case

Henry W. Holley, Los Padres, Cal., in pro. per.

Thomas C. Lynch, Atty. Gen. of Cal., Wm. E. James, Asst. Atty. Gen. of Cal., Wm. L. Zessar, Deputy Atty. Gen. of Cal., Los Angeles, Cal., for appellees.

Before KOELSCH and ELY, Circuit Judges, and BEEKS, District Judge.


ELY, Circuit Judge.

In a California state court, appellant pleaded guilty to a charge of manslaughter. Following imposition of a sentence of confinement, he sought to appeal from the judgment of conviction. His Notice of Appeal was not submitted within the time required by California rules; hence, the clerk rejected it. At the same time, appellant was informed as to how he might seek relief from his default.

Subsequently, appellant moved the state court to...

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