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CAREY v. LEVERETTE

No. 79-6099.

605 F.2d 745 (1979)

David Thomas CAREY, Appellant, v. Bobby J. LEVERETTE, Warden, West Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 17, 1979.

Attorney(s) appearing for the Case

Charles M. Kincaid, Charleston, W. Va., on brief, for appellant.

Chauncey H. Browning, Atty. Gen., Gregory W. Bailey, Asst. Atty. Gen., Charleston, W. Va., on brief, for appellee.

Before BUTZNER, HALL, and PHILLIPS, Circuit Judges.

PER CURIAM:

David Carey appeals from a decision of the district court denying his petition for a writ of habeas corpus. The sole issue on appeal is whether the district court properly held that appellant's constitutional right to effective counsel was not violated when his attorney failed to inform him of his right of appeal following his plea of guilty to a charge of second degree rape in a West Virginia state court. We affirm.

In Nelson v. Peyton,

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