You are here: / / Petitioner Denied Right to Assistance of Counsel—Dismissal and Expungement O...
,

Petitioner Denied Right to Assistance of Counsel—Dismissal and Expungement Ordered

The Third Department determined the inmate was denied his right to “seek and receive the assistance of attorneys” requiring dismissal and expungement:

Petitioner here sought to discuss the disciplinary proceedings with retained counsel, but prison officials prohibited personal and telephonic contact between the two prior to the disciplinary hearing.  To be sure, inmates do not “have a right to either retained or appointed counsel in disciplinary proceedings” … .  They remain, however, entitled to “a reasonable opportunity to seek and receive the assistance of attorneys” with regard to issues of concern to them … .  Petitioner was deprived of such an opportunity, which amounted to unjustifiable interference with his right to “marshal the facts and prepare a defense” under the circumstances of this case and requires dismissal of the remaining charge and expungement from his institutional record … .  Matter of Jeckel v NYS Dept of Corr, 515391, 3rd Dept 11-27-13

ATTORNEYS, RIGHT TO COUNSEL

You might also like
STUDENT PROPERLY DISMISSED FROM A STATE UNIVERSITY FOR VIOLATIONS OF THE STUDENT CODE OF CONDUCT, PROCEDURES AND PROOF REQUIREMENTS EXPLAINED (THIRD DEPT).
PROPERTY OWNERS’ FRAUD AND OFFICIAL MISCONDUCT COUNTERCLAIM SHOULD HAVE BEEN DISMISSED IN THIS ACTION BY THE TOWN ALLEGING ZONING VIOLATIONS.
Superior Court Information Was Jurisdictionally Defective—The Offenses Were Not the Same As, or Lesser Included Offenses of, Those In the Felony Complaint
THE COLLECTIVE BARGAINING AGREEMENT DID NOT ALLOW THE AWARD OF BACK PAY TO AN EMPLOYEE WHO FACED DISCIPLINARY ACTION RELATING TO A CRIMINAL OFFENSE BUT WAS ULTIMATELY ACQUITTED AFTER TRIAL; THEREFORE THE ARBITRATOR EXCEEDED HIS AUTHORITY (THIRD DEPT).
Psychiatrist Deemed an Employee of a Counseling Center
THE REQUIREMENTS FOR AN APPEALABLE ORDER IN A SORA RISK-LEVEL PROCEEDING EXPLAINED (THIRD DEPT).
PETITIONER’S EMPIRE ZONE CERTIFICATION SHOULD NOT HAVE BEEN REVOKED.
THIRD DEPT OFFERS AN IN DEPTH EXPLANATION OF THE SPECIAL IMMIGRANT JUVENILE STATUS (SIJS) CRITERIA AND, REVERSING FAMILY COURT, FINDS THE CHILD MET THE FIVE CRITERIA (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

CHILD’S ATTORNEY HAD STANDING TO OBJECT TO THE SUPPORT MAGISTRATE’S... PLAINTIFF WAS A SPECIAL EMPLOYEE OF OWNER OF THE PROPERTY ON WHICH PLAINTIFF...