From Casetext: Smarter Legal Research

Bastien v. William

United States District Court, S.D. New York
Jan 15, 2004
03 Civ. 5749 (DLC)(KNF) (S.D.N.Y. Jan. 15, 2004)

Opinion

03 Civ. 5749 (DLC)(KNF)

January 15, 2004


MEMORANDUM and ORDER


Donald Bastien ("Bastien") has made an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Bastien maintains that his confinement by the state of New York is unlawful because at the time that he tendered a plea of guilty to the criminal charges that occasioned his present period of incarceration, he did so unknowingly and involuntarily due to mental illness. Furthermore, Bastien contends that the trial court erred when it failed to grant his motion to suppress evidence of a statement Bastien made to the prosecution, because the statement was obtained after Bastien invoked his right to counsel. Moreover, Bastien alleges that the sentence imposed upon him, following his tender of a plea of guilty, was excessive.

Before the Court is a motion by Bastien that counsel be appointed to assist him in obtaining the relief he seeks through his application for a writ of habeas corpus. The Court has considered the motion; it is addressed below.

In a habeas corpus proceeding, the appointment of counsel is discretionary. See Mitchell v. Breslin, No. 01 Civ. 5520, 2002 WL 31255076, at *1 (S.D.N.Y. Oct. 8, 2002); Coita v. Leonardo, No. 96 Civ. 1044, 1998 WL 187416, at *1 (N.D.N.Y. April 14, 1998). Among the factors which a court may consider in determining whether to grant a habeas corpus petitioner's application for appointment of counsel is whether an evidentiary hearing should be held in connection with the petition. Where no hearing is to be held, the appointment of counsel is not warranted. See U.S. ex rel Cadogan v. LaVallee, 502 F.2d 824, 826 (2d Cir. 1974); see also Adams v. Greiner, No. 97 Civ. 3180, 1997 WL 266984 (S.D.N.Y. May 20, 1997).

Based upon a review of the petition and the answer submitted on behalf of the respondent, the Court has determined that a hearing does not appear to be necessary. It appears to the Court that Bastien's application for a writ of habeas corpus may be addressed by analyzing the written submissions made by the parties as well as the record generated during the relevant state court judicial proceedings. Accordingly, Bastien's request for appointment of counsel is denied.

SO ORDERED.


Summaries of

Bastien v. William

United States District Court, S.D. New York
Jan 15, 2004
03 Civ. 5749 (DLC)(KNF) (S.D.N.Y. Jan. 15, 2004)
Case details for

Bastien v. William

Case Details

Full title:DONALD BASTIEN, Petitioner -against- PHILLIPS WILLIAM, SUPERINTENDENT…

Court:United States District Court, S.D. New York

Date published: Jan 15, 2004

Citations

03 Civ. 5749 (DLC)(KNF) (S.D.N.Y. Jan. 15, 2004)

Citing Cases

Ferrer v. Artus

Finally, based on this Court's review of the petition, it appears that the Court will be able to determine…

Brown v. Breslin

Finally, based on this Court's review of the petition, it appears that the Court will be able to determine…