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HINES v. MILLER

No. 01-2507.

318 F.3d 157 (2003)

Jesse HINES, Petitioner-Appellant, v. David MILLER, Superintendent, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 24, 2003.

Attorney(s) appearing for the Case

Mark Diamond, New York, NY, for Petitioner-Appellant.

Tami J. Aisenson, Assistant District Attorney (Robert M. Morgenthau, District Attorney for New York County, and Morrie I. Kleinbart, Assistant District Attorney, on the brief), New York, NY, for Respondent-Appellee.

Before: WALKER, Chief Judge, WINTER and F.I. PARKER, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

Petitioner Jesse Hines appeals from the July 11, 2001 denial of a petition for a writ of habeas corpus by the United States District Court for the Southern District of New York (Lewis A. Kaplan, District Judge). In his petition, Hines's claimed that (1) he was denied due process by the state trial court's failure to appoint new counsel and hold a new hearing on his motion to withdraw his guilty plea; (2) he received ineffective...

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