United States Third Circuit

Where a habeas petitioner asserting inadequacy of counsel alleges that he directed his attorney to take a direct appeal, but counsel did not, 28 USC 2255 requires an evidentiary hearing to determine whether he requested or reasonably demonstrated to counsel a desire to appeal.

Appellate Information

• Argued 04/04/2001
• Decided 06/05/2001
• Published 06/05/2001

Judges

• Before:  SCIRICA, ROSENN, and GIBSON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• For the United States:  Robert J. Cleary, United States Attorney, George S. Leone, Chief, Appeals Division, Norman Gross, Assistant United States Attorney, Camden, NJ., For Appellant Julio Solis:  Thomas F. Dorn, Jr., c/o Sinins & Bross, Newark, NJ.