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DUMAS v. KELLY

Docket No. 01-2639.

418 F.3d 164 (2005)

Roy DUMAS, Petitioner-Appellee, v. Walter KELLY, Superintendent, Attica Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 8, 2005.

Attorney(s) appearing for the Case

Brian Sheppard, New Hyde Park, NY, for Petitioner-Appellee.

Donna Aldea, Assistant District Attorney (John M. Castellano and Johnnette Traill, Assistant District Attorneys, of counsel), for Richard A. Brown, District Attorney, Queens County, Queens, NY, for Respondent-Appellant.

Before: CALABRESI and RAGGI, Circuit Judges, and MURTHA, District Judge.

PER CURIAM.

The United States District Court for the Eastern District of New York (Gleeson, J.) conditionally granted petitioner-appellee Roy Dumas a writ of habeas corpus under 28 U.S.C. § 2254, ruling that the failure of Dumas's counsel to file a notice of appeal from conviction, despite Dumas's request (and counsel's pledge) to do so, constituted ineffective assistance in violation of the Sixth Amendment right to counsel. See Dumas v. Kelly,...

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