Cupon v. State

By a petition for writ of habeas corpus, Jose Cupón seeks reversal of a conviction for escape on the ground that appellate counsel who represented him in the direct appeal of his convictions and sentence was ineffective. For the reasons that follow, we grant habeas relief.

While being detained by the federal Immigration and Naturalization Service (INS) in the Bay County jail, which at that time was being operated by a private corporation, Cupón, Gilberto Villegas-Alen, and others escaped. Following his recapture, Cupón was convicted of grand theft and escape, and this court affirmed, without…