No. 22-5953
Robert Lee Swinton v. New York
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
Latest Conference:
2023-01-06
Question Presented (from Petition)
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?
Question Presented (AI Summary)
Whether counsel can fail to file a Notice of Appeal after a defendant has shown a desire to appeal
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 Myles — Monroe County District Attorney's Office, Respondent
Robert Lee Swinton
Robert Lee Swinton Jr. — Petitioner