Martinez v. United States of America
Filing 40
MEMORANDUM AND ORDER: Pursuant to 28 U.S.C. § 2255(b), the court will hold an evidentiary hearing to determine (1) whether trial counsel's decision to withdraw the notice of appeal based on communications with Petitioners' sister - and without further consultation with Petitioner - constituted constitutionally deficient representation, and, if so, (2) whether "but for counsel's deficient performance, [Petitioner] would have appealed." Roe v. Flores-Ortega, 52 8 U.S. 470,484 (2000); see also Campusano v. United States, 442 F.3d 770, 771(2d Cir. 2006). The court will appoint counsel to represent Petitioner for the purposes of this hearing. Ten days before the hearing, each party shall provide to the court and to opposing counsel: (1) a list of witnesses; and (2) any documentary evidence the party intends to introduce at the hearing. Ordered by Judge Nicholas G. Garaufis on 12/9/2010. (c/m to pro se) (Lee, Tiffeny)
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