WATERHOUSE v. RODRIGUEZ

No. 210, Docket 87-2221.

848 F.2d 375 (1988)

Robert B. WATERHOUSE, New York Parole Number AU60100, Florida State Prison Inmate Number 075376, Petitioner-Appellee, v. Ramon J. RODRIGUEZ, Chairman of the New York State Board of Parole, Robert Abrams, The Attorney General of the State of New York, Louie L. Wainwright, Secretary of the Florida Department of Corrections, and R.L. Dugger, Superintendent of the Florida State Prison, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 3, 1988.


Attorney(s) appearing for the Case

Demetri M. Jones, Asst. Dist. Atty. of Suffolk County, Riverhead, N.Y. (Patrick Henry, Dist. Atty. of Suffolk County, Riverhead, N.Y., of counsel), for respondents-appellants.

James D. Herschlein, New York City (Ira S. Sacks, Kaye, Scholer, Fierman, Hays & Handler, New York City, of counsel), for petitioner-appellee.

Before VAN GRAAFEILAND, WINTER and MAHONEY, Circuit Judges.


WINTER, Circuit Judge:

In Solina v. United States, 709 F.2d 160 (2d Cir.1983), we held that a criminal defendant is denied his sixth amendment right to effective assistance of counsel when, unbeknownst to the defendant, he is represented by unlicensed counsel. This appeal raises the question whether Solina applies when a defendant's counsel is disbarred during a pretrial proceeding but withdraws after becoming aware...

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