(Download) "Dicenzi v. Alfred" by United States Court of Appeals Tenth Circuit # eBook PDF Kindle ePub Free

June 08, 2021

eBook details

Title: Dicenzi v. Alfred
Author : United States Court of Appeals Tenth Circuit
Release Date : January 16, 2006
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 56 KB

Description

Petitioner-Appellant Alfred DiCenzi appeals the district courts dismissal of his habeas petition on the ground that the petition was not timely filed. Following a guilty plea to vehicular homicide, DiCenzi was given the maximum sentence under Ohio law, but claims he was never informed by either the trial court or his attorney that Ohio affords those sentenced to a maximum sentence a non-waivable right to a direct appeal of their sentences. When DiCenzi finally became aware of this right, he filed a motion for delayed direct appeal, but this motion was denied by the Court of Appeals of Ohio and the Supreme Court of Ohio. He then filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 in federal district court, alleging that his constitutional rights had been violated both by the trial court when it did not inform him of his right to appeal, and by the state appellate court when it refused to consider his delayed appeal. The district court determined that the petition was untimely, and dismissed it without reaching the merits. Because we find that the portion of DiCenzis petition relating to the Ohio appellate courts decisions was timely, and because we find that the district court failed to determine conclusively whether DiCenzi was diligent during the time when he claims to have been unaware of his appeal rights, we VACATE the district courts dismissal of the petition and REMAND for further proceedings consistent with this opinion.