United States Second Circuit

Grant of habeas petition, finding that petitioner, an indigent former fugitive returned to state custody during the pendency of his first-tier state appeal, was denied his constitutional right to counsel, is affirmed as clearly established Supreme Court law prohibited the New York Appellate Division from dismissing petitioner's first-tier appeal on fugitive disentitlement grounds without appointing counsel and without providing a copy of any transcripts available and necessary for pursuing that appeal.

Appellate Information

• Decided 09/11/2006
• Published 09/12/2006

Judges

• CALABRESI, Circuit Judge., Before:  CARDAMONE, CALABRESI, and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Ursula Bentele, BLS Legal Services, Inc. (Lisa Jackson, Rachel Kish, Steven Lynch, Bolanle Mayowa, Law Interns, on the brief), New York, N.Y., for Petitioner-Appellee., Morrie I. Kleinbart, Assistant District Attorney for Robert M. Morgenthau, District Attorney, New York County (Michael S. Morgan, Assistant District Attorney, on the brief), New York, N.Y., for Respondent-Appellant.