Legal Opinion
Dumas v. Kelly
District Court, E.D. New York
Decided September 20, 2001No. 97-CV-2210 JGPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
GLEESON, District Judge.
Roy Dumas has filed a petition for a writ of habeas corpus, see 28 U.S.C. § 2254, contending that his counsel was constitutionally ineffective for failing to file a notice of appeal. For the reasons stated below, a conditional writ is granted, pursuant to which petitioner’s release will be ordered unless the state takes action to provide him with a direct appeal within 45 days.
A prior memorandum and order, in which I denied respondent’s motion to dismiss pursuant to Rule 9(a) of the Rules Governing Section 2254 cases in the United States District…
2Cases cited10 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Coppedge v. United StatesSupreme Court of the United States · 1962
- Evitts v. LuceySupreme Court of the United States · 1985
- Roe v. Flores-OrtegaSupreme Court of the United States · 2000
- Rodriquez v. United StatesSupreme Court of the United States · 1969
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Whiteman v. StateNorth Dakota Supreme Court · 2002
- Roy Dumas v. Walter Kelly, Superintendent, Attica Correctional FacilityCourt of Appeals for the Second Circuit · 2005
- Whiteman v. StateNorth Dakota Supreme Court · 2002