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BELLAMY v. COGDELL

No. 438, Docket 91-2327.

974 F.2d 302 (1992)

Perry BELLAMY, Petitioner-Appellant, v. William COGDELL, Warden, Brooklyn House of Detention, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 8, 1992.

Attorney(s) appearing for the Case

Michael A. Ciaffa, Mineola, N.Y. (Meyer, Suozzi, English & Klein, P.C., of counsel), for petitioner-appellant.

Barbara D. Underwood, Asst. Dist. Atty. for Queens County, Kew Gardens, N.Y. (Richard A. Brown, Dist. Atty. Tammy J. Smiley, and Seymour Roth, Asst. Dist. Attys., Queens County, of counsel), for respondent-appellee.

Before: MESKILL, Chief Judge, FEINBERG, OAKES, NEWMAN, KEARSE, CARDAMONE, WINTER, PRATT, MINER, ALTIMARI, MAHONEY, WALKER, and McLAUGHLIN, Circuit Judges.

Argued Before the In Banc Court: June 1, 1992.

ALTIMARI, Circuit Judge:

We granted rehearing in banc to consider whether petitioner-appellant Perry Bellamy suffered a per se denial of his right to counsel under the Sixth Amendment. The parties were also invited to brief the application of Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989) to this...

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