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John Frederick Bartelt v. Hon. Ernest Guinn, District Judge, U.S. District Court for the Western District of Texas

John Frederick BARTELT, Petitioner-Appellant, v. Hon. Ernest GUINN, District Judge, U. S. District Court for the Western District of Texas, Respondent-Appellee

Bartelt v. Guinn, 485 F.2d 250 (5th Cir. 1973)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
October 15, 1973
Docket
No. 72-2235
Judges
Gewin, Coleman, Morgan
Citations
485 F.2d 2501973 U.S. App. LEXIS 7529

Opinion — Per Curiam

PER CURIAM:

John Frederick Bartelt filed a motion to vacate sentence, 28 U.S.C., § 2255 , alleging that his retained counsel had failed to file and prosecute a direct appeal from a criminal conviction despite assurances that such would be done. The motion was denied without a hearing and Bartelt appeals.

Upon examination of the record, we find that an evidentiary hearing should have been held, with appropriate findings of fact and conclusions of law, Atilus v. United States, 5 Cir., 1969, 406 F.2d 694 ; Fuentes v. United States, 5 Cir., 1972, 455 F.2d 910 ; Powers v. United States, 5 Cir., 1971, 446 F.2d 22 ; Gallegos v. United States, 5 Cir., 1972, 466 F.2d 740 ; Rodriquez v. United States, 395 U.S. 327 , 89 S.Ct. 1715 , 23 L.Ed.2d 340 (1969).

The judgment of the District Court is accordingly vacated and‘the cause remanded for a full evidentiary hearing on the motion, at which time petitioner will be allowed to testify and, as an indigent, will be allowed appointed counsel.

Vacated and remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1974: 21978: 11992: 119742026peak 1974 · 2

Relies on it most ⓘ

  1. Demetri Thor v. United States574 F.2d 215 (5th Cir. 1978)
  2. Bartelt v. United States505 F.2d 647 (5th Cir. 1974)
  3. John Frederick Bartelt v. United States of America, No. 74-1793 Summary Calendar505 F.2d 647 (5th Cir. 1974)
  4. United States v. Andre Parrotte959 F.2d 232 (4th Cir. 1992)

Most recent

  1. United States v. Andre Parrotte959 F.2d 232 (4th Cir. 1992)
  2. Demetri Thor v. United States574 F.2d 215 (5th Cir. 1978)
  3. John Frederick Bartelt v. United States of America, No. 74-1793 Summary Calendar505 F.2d 647 (5th Cir. 1974)
  4. Bartelt v. United States505 F.2d 647 (5th Cir. 1974)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Rodriquez v. United States, 395 U.S. 327 (1969) 384
Atilus v. United States, 406 F.2d 694 (5th Cir. 1969) 59
Gallegos v. United States, 466 F.2d 740 (5th Cir. 1972) 11
Fuentes v. United States, 455 F.2d 910 (5th Cir. 1972) 6
Powers v. United States, No. 71-1352, 446 F.2d 22 (5th Cir. 1971) 3

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