CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, SENTENCING

Taveras v. Smith, No. 05-5579 (2d Cir. September 11, 2006).

Grant of habeas petition, finding that petitioner, an indigent former fugitive returned to state custody during the pendency of his first-tier state appeal, was denied his constitutional right to counsel, is affirmed as clearly established Supreme Court law prohibited the New York Appellate Division from dismissing petitioner's first-tier appeal on fugitive disentitlement grounds without appointing counsel and without providing a copy of any transcripts available and necessary for pursuing that appeal. http://caselaw.lp.findlaw.com/data2/circs/2nd/055579p.pdf