United States Second Circuit

When an appellate counsel promises to file a certiorari for a criminal defendant but fails to do so, one of the possible remedies available to defendant is to construe his appeal as a motion to recall the mandate and vacate the judgment so that a new one can be entered in order to afford defendant an opportunity to petition for certiorari.

Appellate Information

• Decided 06/12/2008
• Published 06/12/2008

Judges

• BARRINGTON D. PARKER, Circuit Judge:, Before:  JACOBS, Chief Judge, B.D. PARKER and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Georgia J. Hinde, New York, NY, for Petitioner-Appellant.


• For Appellees:
  
• Richard C. Daddario, Assistant United States Attorney, (Sarah Y. Lai and Jonathan S. Kolodner, Assistant United States Attorneys, of counsel), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Respondent-Appellee.