Henry Wheeler Holley v. Erma E. Cheuvront

In a California state court, appellant pleaded guilty to a charge of manslaughter. Following imposition of a sentence of confinement, he sought to appeal from the judgment of conviction. His Notice of Appeal was not submitted within the time required by California rules; hence, the clerk rejected it. At the same time, appellant was informed as to how he might seek relief from his default.

Subsequently, appellant moved the state court to vacate the judgment. This motion to vacate was denied, and again, a Notice of Appeal was filed after the time limit of ten days had expired. See Cal. Ct.R. 31(a). On this occasion also, the state court clerk informed appellant as to state procedure for relief from the default of untimely notice.

Appellant, not choosing to proceed further in the California courts, filed his petition for writ of habeas corpus in the court below. As respondents, he named the clerk who refused to accept his second untimely Notice of Appeal and the warden of the state prison in which he is confined.

The District Court dismissed the petition insofar as it sought relief against the respondent clerk and denied it as to the respondent warden. The dispositions were…