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Murdock v. United States

United States District Court, Southern District of Georgia, Savannah Division

January 22, 2015

HEZEKIAH MURDOCK
v.
UNITED STATES OF AMERICA

ORDER

This is yet another 28 U.S.C. § 2255 motion based upon a defense attorney's alleged failure to file a direct appeal following his client's conviction. And despite this Court's repeated direction to the defense bar to use a Court-issued form aimed at forestalling such claims, [1] no such form was used here. Hezekiah Murdock complains that his lawyer ignored his request to file an appeal, and he seeks § 2255 relief on that score. CR410-159 doc. 677.[2]

This Court denied relief because Murdock waived his direct and appeal rights. Doc. 712 at 11-12, reported at 2013 WL 3761124, adopted, doc. 721, COA granted, doc. 743, reported at 2013 WL 7854283. Murdock appealed that ruling, doc. 740, but on appeal the Government reversed its position on appeal waivers. Hence, the Eleventh Circuit vacated that ruling and remanded this case for "an evidentiary hearing on [movant's] ineffective-assistance-of-counsel claim." Murdock v. United States, 2015 WL 127365 (11th Cir. Jan. 9, 2015). Upon receipt of the Eleventh Circuit's mandate, the Deputy Clerk shall appoint new counsel and schedule that hearing.[3]

ORDERED.


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