Opinion
Submitted June 8, 1964
Decided June 10, 1964
MOTION to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon questions under the Constitution of the United States, viz.: Whether counsel's failure to follow petitioner's instructions that counsel file a notice of appeal on petitioner's behalf from a judgment of conviction rendered September 13, 1960 deprived petitioner of the effective assistance of counsel and due process of law guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution and the equal protection of the laws guaranteed by the Fourteenth Amendment. The Court of Appeals held that petitioner's rights were not violated.