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UNITED STATES EX REL. O'BRIEN v. MARONEY

No. 17970.

423 F.2d 865 (1970)

UNITED STATES of America ex rel. John G. O'BRIEN C-8019, Appellant, v. J. F. MARONEY, Superintendent, State Correctional Institution at Pittsburgh, Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided March 31, 1970.

Attorney(s) appearing for the Case

David N. Brook, Norristown, Pa., for appellant.

Richard A. Devlin, Asst. Dist. Atty., Norristown, Pa. (Stewart J. Greenleaf, Asst. Dist. Atty., Parker H. Wilson, First Asst. Dist. Atty., Milton O. Moss., Dist. Atty., Norristown, Pa., on the brief), for appellee.

Before GANEY, SEITZ and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

We are called upon to determine the consequences of a failure to appeal a state criminal conviction when appellant knew of his right to appeal, questioned his privately retained counsel about seeking appellate review, and realized that his counsel had no intention of filing and perfecting an appeal.

More than sixteen years ago, in September, 1953, appellant was arrested and charged with armed robbery...

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