Beruflich Dokumente
Kultur Dokumente
October 4, 1996
____________________
No. 95-2138
Petitioner, Appellant,
v.
PAUL DIPAOLO,
Respondent, Appellee.
____________________
____________________
Before
____________________
_________________
_____________________
____________________
____________________
Per Curiam.
__________
petition for
a writ
of habeas corpus
in 1993,
complaining
primarily
of
delay attending
criminal appeal in
the
state court.
progress
of his
In response, the
direct
district
official)
track.
to undertake
These
appointed
and
efforts
measures proved
the
the district
Subsequently,
the
the appeal
successful: new
Massachusetts
held,
to get
counsel was
Appeals Court
agreed
court
dismissed the
Appeals
Court
back on
appeal was
petition as
vacated
to
moot.
petitioner's
To the extent we
appeal,
he
apparently
contends
that the
delay
here
was
sufficiently
protracted
so as
to
compel
reversal of
custody.
in
We disagree.
prejudice sufficient
rests,
to warrant
most importantly, on
States
______
v. Luciano-Mosquera,
________________
v. Beyer,
_____
a showing that
Simmons
_______
reversing
44
63
-2-
from
results
a conviction
it has impaired
retrial."
F.3d 1142,
1158 (1st
F.3d 1160,
his
1170-71 (3d
United
______
Cir.
accord, e.g.,
______ ____
Cir.), cert.
_____
denied,
______
(1995); Cody v.
____
In
has
e.g.,
____
appellate delay
Hayes v.
_____
Alternatively,
Evans,
_____
in
the
70 F.3d
event
85,
86 (10th
petitioner's
Cir.
See,
___
1995).
conviction
is
prejudice to
the filing of
any constitutional
underlying
the
Affirmed.
_________
that
were
in the district
district court
delay.
petition advancing
conviction
present petition
a new habeas
in light of
raised
in
its ruling on
have to
his
petitioner's
resolved by
the issue of
-3-