No. 22-5953

Robert Lee Swinton v. New York

Lower Court: New York
Docketed: 2022-10-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-of-right appellate-procedure constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel notice-of-appeal procedural-default right-to-appeal
Key Terms:
Environmental SocialSecurity Immigration
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Whether counsel can fail to file a Notice of Appeal after a defendant has shown a desire to appeal

Question Presented (from Petition)

QUESTION(S) PRESENTED After a defendant has shown his counsel a desire to appeal, can counsel take a defendant's appeal of right and fail to file a Notice of Appeal in the State? | | | |

Docket Entries

2023-01-09
Petition DENIED.
2022-12-15
DISTRIBUTED for Conference of 1/6/2023.
2022-12-13
Waiver of right of respondent New York to respond filed.
2022-10-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 30, 2022)

Attorneys

New York
Scott Michael MylesMonroe County District Attorney's Office, Respondent
Scott Michael MylesMonroe County District Attorney's Office, Respondent
Robert Lee Swinton
Robert Lee Swinton Jr. — Petitioner
Robert Lee Swinton Jr. — Petitioner