United States Second Circuit

Motion for a certificate of appealability to appeal denial of habeas petition is granted, and denial of habeas petition is vacated where the district court's failure to appoint counsel for petitioner at the evidentiary hearing below violated Rule 8(c) of the Federal Rules Governing section 2254 petitions, and the failure to appoint counsel was clear error.

Appellate Information

• Decided 10/03/2007
• Published 10/03/2007

Judges

• PER CURIAM:, Before JACOBS, Chief Judge, KATZMANN and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Andrea G. Hirsch, New York, N.Y., for Petitioner-Appellant Daryl Graham.


• For Appellees:
  
• Karol Baird Mangum, Brooklyn, N.Y., for Respondent-Appellee Leonard Portuondo.