David Thomas Carey v. Bobby J. Leverette, Warden, West Virginia State Penitentiary, 605 F.2d 745 (4th Cir. 1979). · Go Syfert
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David Thomas Carey v. Bobby J. Leverette, Warden, West Virginia State Penitentiary, 605 F.2d 745 (4th Cir. 1979). Cases Citing This Book View Copy Cite
31 citation events (14 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. Cottle (ca4, 1998-02-06)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 7 distinct citers.
cited Cited as authority (rule) United States v. Cottle
4th Cir. · 1998 · confidence medium
See Federal Rule of Criminal Procedure 32(a)(2); Carey v. Leverette, 605 F.2d 745, 746 (4th Cir. 1979).
cited Cited as authority (rule) Arthur L. Belford v. United States
7th Cir. · 1992 · confidence medium
E.g., Laycock v. New Mexico, 880 F.2d 1184, 1187-88 (10th Cir.1989); Carey v. Leverette, 605 F.2d 745, 746 (4th Cir.), cert. *315 denied, 444 U.S. 983 , 100 S.Ct. 488 , 62 L.Ed.2d 411 (1979).
discussed Cited as authority (rule) Peter Ray Laycock v. State of New Mexico
10th Cir. · 1989 · confidence medium
Marrow v. United States, 772 F.2d 525, 527 (9th Cir.1985); Carey v. Leverette, 605 F.2d 745, 746 (4th Cir.) (per curiam), cert. denied, 444 U.S. 983 , 100 S.Ct. 488 , 62 L.Ed.2d 411 (1979); cf. Barber v. United States, 427 F.2d 70, 71 (10th Cir.1970); Crow v. United States, 397 F.2d 284, 285 (10th Cir.1968) (sentencing court has no duty to advise of right to appeal on guilty plea).
discussed Cited as authority (rule) William Marrow v. United States
9th Cir. · 1985 · confidence medium
As stated in Carey v. Leverette, 605 F.2d 745, 746 (4th Cir.) (per curiam), cert. denied, 444 U.S. 983 , 100 S.Ct. 488 , 62 L.Ed.2d 411 (1979): Other courts have held that failure to notify an individual of his right to appeal following a guilty plea does not in itself constitute ineffective assistance of counsel.
discussed Cited "see" Frank D. Frazer v. State of South Carolina Henry Dargan McMaster Attorney General for South Carolina (2×)
4th Cir. · 2005 · signal: see · confidence high
See Carey v. Leverette, 605 F.2d 745, 746 (4th Cir.1979) (holding that there is generally "no constitutional requirement that defendants must always be informed of their right to appeal following a guilty plea."). 109 Supreme Court precedent specific to the context of a petitioner's allegation that he was wrongfully denied an appeal also requires the conclusion that it would not have been unreasonable for a state court pre- Flores-Ortega to determine that Frazer's failure to request an appeal, when he knew of his right to appeal, was dispositive.
cited Cited "see" United States v. Manago
4th Cir. · 1997 · signal: see · confidence high
See Carey v. Leverette, 605 F.2d 745, 746 (4th Cir. 1979). 2 Appellant also contends that she was never informed at her sen- tencing hearing of the right to appeal pursuant to Fed.
cited Cited "see" United States v. Patrick David Currey
4th Cir. · 1987 · signal: see · confidence high
See Carey v. Leverette, 605 F.2d 745 (4th Cir.), cert. denied, 444 U.S. 983 (1978); Walters v. Harris, 460 F.2d 988 (4th Cir. 1972), cert. denied, 409 U.S. 1129 (1973).
David Thomas CAREY, Appellant,
v.
Bobby J. LEVERETTE, Warden, West Virginia State Penitentiary, Appellee
79-6099.
Court of Appeals for the Fourth Circuit.
Sep 17, 1979.
605 F.2d 745
Charles M. Kincaid, Charleston, W. Va., on brief, for appellant., Chauncey H. Browning, Atty. Gen., Gregory W. Bailey, Asst. Atty. Gen., Charleston, W. Va., on brief, for appellee.
Butzner, Hall, Per Curiam, Phillips.
Cited by 19 opinions  |  Published
PER CURIAM:

David Carey appeals from a decision of the district court denying his petition for a writ of habeas corpus. The sole issue on appeal is whether the district court properly held that appellant’s constitutional right to effective counsel was not violated when his attorney failed to inform him of his right of appeal following his plea of guilty to a charge of second degree rape in a West Virginia state court. We affirm.

In Nelson v. Peyton, 415 F.2d 1154 (4th Cir. 1969), this court required that an individual who was convicted following a plea of not guilty be informed of his right to appeal. In the decade since Nelson we have not been faced with the question of whether information on the right to appeal must also be given to an individual who has pled guilty. Other courts have held that failure to notify an individual of his right to appeal following a guilty plea does not in itself constitute ineffective assistance of counsel. See Davis v. Wainwright, 462 F.2d 1354 (5th Cir. 1972); Williams v. United States, 443 F.2d 1151 (5th Cir. 1971); Farrington v. North Carolina, 391 F.Supp. 714 (M.D.N.C.1975); Younger v. Cox, 323 F.Supp. 412 (W.D.Va.1971). Accord Barber v. United States, 427 F.2d 70 (10th Cir. 1970); Crow v. United States, 397 F.2d 284 (10th Cir. 1968). But cf. United States v. Mancusi, 275 F.Supp. 508 (E.D.N.Y.1967). Agreeing with these decisions, we conclude that there is no constitutional requirement that defendants must always be informed of their right to appeal following a guilty, plea. We recognize that extraordinary circumstances might establish that the omission of advice actually denied a defendant due process of law. See Younger v. Cox, 323 F.Supp. 412, 416 (W.D.Va.1971) (dictum). Carey, however, has not shown any facts that would justify an exception to the general rule which we announce today.

Although appellant is a state prisoner, we note that the same conclusion would have been reached had he pled guilty to a federal crime. See Federal Rule of Criminal Procedure 32(a)(2); Williams v. United States, 443 F.2d 1151 (5th Cir. 1971); Barber v. United States, 427 F.2d 70 (10th Cir. 1970).

AFFIRMED.