SPRANGLE, AKA GREENE, ET AL.

v.

UNITED STATES

Citator

Cited By

• Browder v. Dir., Dep't of Corr. of Ill., 434 U.S. 257 (U.S. 1978)
  …order reinstating judgment. With a judgment thus newly entered, respondent’s notice of appeal would have been timely under Fed. Rule App. Proc. 4 (a) when it was filed on January 27. See Edwards v. Louisiana, 520 F. 2d 321 (CA5 1975), cert. denied, 423 U. S. 1089 (1976). I would not decline to treat the matter under Rule 60 (b) merely because respondent did not label his initial motion for a new evidentiary hearing as a “Rule 60 (b) motion,” for that would exalt nomenclature over substance. 7 J. Moore, Fede…
• Torna v. Louie L. Wainwright, 649 F.2d 290 (5th Cir. 1981)
  …tive assistance. Pressley v. Wainwright, 540 F. 2d 818, 820 (5th Cir. 1976), cert. denied, 430 U.S. 987, 97 S.Ct. 1688, 52 L.Ed.2d 383 (1977). On the other hand, this Court in Edwards v. Louisiana, 520 F. 2d 321, 322 (5th Cir. 1975), cert. denied, 423 U.S. 1089, 96 S.Ct. 882, 47 L.Ed.2d 100 (1976), held that “failure of retained counsel to adequately inform a defendant of his right to appeal . . . without more, does not so involve the state in the abridgment of the defendant’s rights as to constitute a Fou…
• Perez v. Louie L. Wainwright, 594 F.2d 159 (5th Cir. 1979)
  …fficials with constructive notice simply because the defense attorney failed to request a transcript or file a brief after giving an otherwise valid oral notice of appeal. Accord, Edwards v. Louisiana, 5 Cir. 1975, 520 F. 2d 321, cert. denied, 1976, 423 U.S. 1089, 96 S.Ct. 882, 47 L.Ed.2d 100. Perez contends that state trial officials knew or should have been aware of the incompetence of his lawyer when the attorney asserted at sentencing that a notice of appeal had already been filed when in fact the notic…