Wilkins v. United States, 441 U.S. 468 (1979)

Wilkins v. United States

No. 75-5885

Decided April 30, 1979
441 U.S. 468

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE THIRD CIRCUIT

Syllabus

Held: Where the pro se petitioner’s untimely petition for certiorari to review the Court of Appeals’ affirmance of petitioner’s federal convictions alleges that his court-appointed attorney had failed to file a timely petition as requested by petitioner, this Court will, as suggested by the Solicitor General and even though petitioner did not first seek relief in the Court of Appeals, grant certiorari, vacate the Court of Appeals’ judgment, and remand the case to the Court of Appeals for further proceedings, including the reentry of its judgment affirming petitioner’s convictions and, if appropriate, appointment of counsel to assist petitioner in seeking timely review of that judgment in this Court.

Certiorari granted; 559 F.2d 1210, vacated and remanded.