POSTEL v. BETO

No. 73-1088.

508 F.2d 679 (1975)

Fred POSTEL, Petitioner-Appellant, v. Dr. George J. BETO, Director, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 24, 1975.


Attorney(s) appearing for the Case

Harry H. Walsh, Donald L. Kraemer, Tex. Dept. of Corrections, Huntsville, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen. of Tex., Dunklin Sullivan, Gilbert Pena, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, Chief Judge, and COLEMAN and DYER, Circuit Judges.


PER CURIAM:

This appeal of the denial of petitioner's § 2254 habeas petition asserts a double infirmity in petitioner's murder trial in 1951. First, Postel argues that he was denied his right to appeal since his retained counsel was not present at sentencing and failed to advise him of this right. It is the settled rule in this Court that the failure of the state trial court to advise a convicted defendant of his right to appeal is no violation of constitutional...

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