Roy Dumas v. Walter Kelly, Superintendent, Attica Correctional Facility

The United States District Court for the Eastern District of New York (Gleeson, J.) conditionally granted petitioner-appellee Roy Dumas a writ of habeas corpus under 28 U.S.C. § 2254, ruling that the failure of Dumas’s counsel to file a notice of appeal from conviction, despite Dumas’s request (and counsel’s pledge) to do so, constituted ineffective assistance in violation of the Sixth Amendment right to counsel. See Dumas v. Kelly, 162 F.Supp.2d 170 (E.D.N.Y.2001); see also Roe v. Flores-Ortega, 528 U.S. 470, 477, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000) (“We have long held that a lawyer who…