(DOWNLOAD) "United States v. Giacomel" by Fifth Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Giacomel
- Author : Fifth Circuit U.S. Court of Appeals
- Release Date : January 15, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Appeal from the United States District Court for the Western District of Texas Eric Alan Giacomel appeals the denial of his 28 U.S.C. § 2255 petition for habeas corpus, seeking a remand for a new evidentiary hearing, contending that the district court erred in accepting the magistrate Judge's credibility determination based in part on a witness's oral affirmation of an earlier affidavit. A magistrate Judge conducted an evidentiary hearing on Giacomel's claims, including his contention that his trial attorney failed to inform him of his right to appeal. 1 The government filed an affidavit from Giacomel's trial counsel, Alan Brown, in which counsel attested that he advised Giacomel about his appellate rights and the time limits involved but, after Discussion, Giacomel agreed that an appeal would be frivolous and decided against same. At the evidentiary hearing Brown testified that he had read and signed the affidavit and that the statements therein were true and correct. Although Brown testified extensively, on direct and cross, about his representation of Giacomel, he was not otherwise questioned about the appeal issue. Giacomel testified that he did not discuss his appellate rights with counsel and, although informed by the court at sentencing of his right to appeal, he was never informed of the time limits involved.