[Download] "Andry v. Henderson" by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Andry v. Henderson
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 06, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
On this appeal from the denial of a writ of habeas corpus Berald Herlin Andry raises two issues: (1) certain of the evidence admitted to convict him was obtained through an illegal search and should have been excluded; (2) he was denied effective assistance of counsel for his defense.1 Under the prior holdings of this court when Andry's court-appointed counsel failed to advise him of his right to appeal or to obtain his informed consent to forego this right, he thereby rendered his representation of Andry ineffective as a matter of law. We reverse on that ground. Because of our action on this issue, it becomes unnecessary to reach the alleged illegal search issue.2 Andry was convicted in September 1966 of possession of narcotics and is presently serving a ten-year sentence in the Louisiana State Penitentiary on that conviction. After an evidentiary hearing on his federal habeas corpus petition, the district court found that Andry knowingly, intelligently and intentionally waived his right to appeal. A review of the uncontradicted evidence before this court shows that this finding was erroneous as a matter of law under this court's prior holdings in Wainwright v. Simpson, 360 F.2d 307 (5th Cir. 1966); Thomas v. Beto, 423 F.2d 642 (5th Cir. 1970); and Breen v. Beto, 421 F.2d 945 (5th Cir. 1970).