SHIFLETT v. COMMONWEALTH OF VIRGINIA

Nos. 12355, 12761, 13522, 13392.

433 F.2d 124 (1970)

William C. SHIFLETT, Appellant, v. COMMONWEALTH OF VIRGINIA, and C. C. Peyton, Superintendent of the Virginia State Penitentiary, Appellees. James Curtis WEATHERMAN, Appellant, v. C. C. PEYTON, Superintendent, Virginia State Penitentiary, Appellee. Orillion D. JAMES, Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee. John Henry LOVE, Appellant, v. COMMONWEALTH OF VIRGINIA, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 19, 1970.


Attorney(s) appearing for the Case

No. 12,355. Frank C. Maloney, III, Richmond, Va. (Court-assigned), (Joseph L. Lewis, and Hirschler & Fleischer, Richmond, Va., on the brief), for appellant. Reno S. Harp, III, Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen. of Va., on the brief) for appellees. No. 12,761. Robert A. Pustilnik, Richmond, Va. (Court-assigned), for appellant. Vann H. Lefcoe, Asst. Atty. Gen. of Va., (Andrew P. Miller, Atty. Gen. of Va., on the brief) for appellee.

No. 13,522. Louis M. Natali, Jr., Philadelphia, Pa. (Court-assigned), for appellant. Vann H. Lefcoe, Asst. Atty. Gen. of Va., (Andrew P. Miller, Atty. Gen. of Va., on the brief) for appellee. No. 13,392. Benjamin Lerner, Philadelphia, Pa. (Court-assigned), for appellant. W. Luke Witt, Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen. of Va., on the brief), for appellee.

Before BOREMAN and WINTER, Circuit Judges, and LEWIS, District Judge.


WINTER, Circuit Judge:

In Nelson v. Peyton, 415 F.2d 1154 (4 Cir. 1969), we held that an accused's right to counsel was violated when, after conviction, his attorney failed to advise him of his right to appeal and the manner and time in which to appeal. We said "[w]here counsel * * * treat their representation as terminated without having imparted such advice, a defendant's right to counsel has been effectively denied; or, where counsel...

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