United States Second Circuit

Denial of petition for habeas relief, alleging that court-appointed counsel failed to timely petition for certiorari review is vacated and remanded where, construing the appeal as motion to recall the mandate, the motion is granted, the judgment vacated, and the matter is remanded in accordance with Wilkins v. US, 441 U.S. 468 (1979).

Appellate Information

• Decided 07/21/2008
• Published 07/21/2008

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.