Enos Jay Gardner v. Peter J. Pitchess, Sheriff of Los Angeles County John Van De Kamp, District Attorney for Los Angeles County

The State of California (the State) appeals the grant of a writ of habeas corpus. Enos Gardner alleged he was denied effective counsel in his state conviction because his counsel never filed an appeal brief, resulting in the dismissal of Gardner’s appeal. The State contends that it properly refused to reinstate Gardner’s appeal because of contradictions in Gardner’s explanations for his delay in seeking reinstatement. The State also argues that the writ is overly broad in that it orders the State to dismiss all charges against Gardner.

We affirm the grant of the writ, but modify the writ to eliminate the order to dismiss the State’s charges.

FACTS

The essential facts are undisputed. In 1977, Gardner was convicted in California of grand theft and securities violations. He was sentenced to six months in jail, five years probation, and a $5,000 fine. Gardner filed a timely pro per notice of appeal, and retained Dean Hyatt as his counsel. Despite an extension of time, and a notice of imminent dismissal, Hyatt failed to file an appeal brief. The appeal was dismissed in December 1978 because of Hyatt’s inaction.

Hyatt never informed Gardner of the dismissal. Instead, without…