U.S. EX REL. STEWART ON BEHALF OF TINEO v. KELLY

No. 544, Docket 88-7857.

870 F.2d 854 (1989)

UNITED STATES of America, ex rel. Martin STEWART, on Behalf of Jose TINEO, Petitioner-Appellee, v. Honorable Walter KELLY, Superintendent of Attica Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 17, 1989.


Attorney(s) appearing for the Case

Brian T. McGovern, Asst. Atty. Gen., State of N.Y., New York City (Robert Abrams, Atty. Gen. of the State of New York, New York City, of counsel), for respondent-appellant.

Martin Stewart, New York City (Bivona & Cohen, New York City, of counsel), for petitioner-appellee.

Before VAN GRAAFEILAND, MESKILL and MINER, Circuit Judges.


MESKILL, Circuit Judge:

This appeal is brought by respondent-appellant Kelly, superintendent of Attica prison, from an order of the United States District Court for the Southern District of New York, Stanton, J., granting a petition for a writ of habeas corpus brought by petitioner-appellee Tineo pursuant to 28 U.S.C. § 2254 (1982). Appellant contends that Tineo's Sixth Amendment right to counsel was not denied by the trial court when it refused to allow Tineo...

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