United States Second Circuit

Denial of habeas corpus petition is reversed where the record does not show that petitioner intelligently and voluntarily pleaded guilty, as required under Boykin. Motion of respondent to dismiss appeal under fugitive disentitlement doctrine is denied as petitioner has been apprehended and prosecuted for bail jumping.

Appellate Information

• Decided 03/30/2006
• Published 03/31/2006

Judges

• STRAUB, Circuit Judge:, Before:  LEVAL, STRAUB, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Kerry A. Lawrence, Briccetti, Calhoun & Lawrence, LLP, White Plains, NY, for Petitioner-Appellant.


• For Appellees:
  
• Andrew R. Kass, Assistant District Attorney for Orange County, New York (Francis D. Phillips, II, District Attorney, on the brief), Goshen, NY, for Respondent-Appellee.