Bellamy v. Cogdell

974 F.2d 302 (2nd Cir. 1992)

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Nature of the Case

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Facts

Bellamy (D) was charged with participation in the murder of a parole officer. The state's evidence showed that in exchange for $5,000 D lured the victim to Queens where an ambush took place. D's mother contacted Guran to represent D in that although Guran was retired he had represented D on numerous occasions in the past. Guran was 71 years old but was subject to disciplinary hearings for converting client funds, and these hearings were ongoing. Guran's attorney in that action asked for a continuance in that Guran was not mentally capable of preparing for his disciplinary hearing. This was based on conversations with Guran and a letter from Guran's physician. The disciplinary committee moved to have Guran suspended from the practice of law. Guran asked that this suspension be stayed as he had retired from the practice of law. Guran then asked the disciplinary committee for permission to represent D. There was no answer, but Guran informed the judge of his disciplinary hearing and his health problems related to Lou Gehrig's disease and that he would have the services of another attorney to assist at trial. When the trial commenced, the other attorney was not available. D was convicted and appealed. Two months later Guran was suspended from law practice. D moved to vacate his judgment. The trial court found that D had effective assistance of counsel.