District Court's Finding that Petitioner Requested Appeal Was Not Clearly Erroneous, But District Court Told to Explain Remedy
Clayton v. Jones, 2012 WL 5691439 (11/16/12) (Okl.) (Published) - The district court's finding that the petitioner requested an appeal, which wasn't pursued, was not clearly erroneous. The petitioner had jail phone and mail records and a pastor's and an attorney's testimony to support him. The 10th, however, reverses the district court's remedy---allowing withdrawal of the guilty plea [which the petitioner says was induced by counsel's promise he would be home for Christmas [counsel didn't say which Christmas]; he ended up with a life sentence]. Such relief might be appropriate under certain circumstances, including being imprisoned for decades without an appeal, [here the petitioner has been in prison for 30 years], but the district court had to explain the reasons for such an unusual remedy. The 10th panel retained jurisdiction pending the explanation.