Legal Opinion

Hines v. Miller

District Court, S.D. New York

Decided July 9, 2001No. 01 CIV 2915 LAKPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

KAPLAN, District Judge.

Petitioner was convicted in New York Supreme Court, New York County, on his plea of guilty of murder in the second degree and sentenced to an indeterminate term of fifteen years to life imprisonment. He now seeks a writ of habeas corpus, contending that he was deprived of his rights to due process of law when the plea court denied his motion to withdraw his guilty plea without appointing new counsel or holding an evidentiary hearing and of his right to the effective assistance of counsel.

Facts

The Guilty Plea

Petitioner was indicted in 1995 on charges,…

2Cases cited23 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Cuyler v. SullivanSupreme Court of the United States · 1980
  4. Armstrong v. ManzoSupreme Court of the United States · 1965
  5. Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961

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3Cited by7 opinions

  1. Jesse Hines v. David Miller, SuperintendentCourt of Appeals for the Second Circuit · 2003
  2. United States v. TolsonDistrict Court, District of Columbia · 2005
  3. United States v. ThomasDistrict Court, District of Columbia · 2008
  4. United States v. BasuDistrict Court, District of Columbia · 2008
  5. Brown v. KeaneDistrict Court, S.D. New York · 2002

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