Jeffrey Grune v. Thomas A. Coughlin

913 F.2d 41, 1990 U.S. App. LEXIS 15542, 1990 WL 127374
CourtCourt of Appeals for the Second Circuit
DecidedAugust 29, 1990
DocketDocket 90-8038
StatusPublished
Cited by81 cases

This text of 913 F.2d 41 (Jeffrey Grune v. Thomas A. Coughlin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jeffrey Grune v. Thomas A. Coughlin, 913 F.2d 41, 1990 U.S. App. LEXIS 15542, 1990 WL 127374 (2d Cir. 1990).

Opinions

MESKILL, Circuit Judge:

This pro se appeal presents the question whether a petitioner seeking a writ of ha-beas corpus pursuant to 28 U.S.C. § 2254 may appeal a district court’s denial of bail pending the outcome of the habeas proceedings. Petitioner-appellant Gruñe appeals the order of the United States District Court for the Southern District of New York, Broderick, J., denying his motion for bail. We hold that such an order is appealable under the collateral order doctrine. However, because the district court has not ruled on appellant’s application for a certificate of probable cause, we dismiss the appeal without prejudice.

BACKGROUND

Appellant is a prisoner at the MidState Correctional Facility in New York. He is serving an indeterminate sentence of imprisonment of three to six years imposed after he pleaded guilty to arson in the third degree, N.Y. Penal Law § 150.10 (McKinney 1988). On May 23, 1989, he filed in the district court a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. His petition raises several claims: (1) that the trial court failed to hold a competency hearing; (2) that he was mentally incompetent to enter a plea of guilty; (3) that he was denied effective assistance of counsel; (4) that the trial court failed to hold a hearing on his motion to suppress; and (5) that his guilty plea was not knowingly, intelligently and voluntarily made. The district court has not yet decided the merits of these claims.

Appellant filed a motion for release on bail pending the resolution of the habeas proceedings. On January 26, 1990, the district court denied the motion on the grounds that appellant’s petition failed to present substantial claims and that extraordinary circumstances did not exist to justify the granting of bail.

On February 8, 1990, the district court received a letter dated February 5, 1990, from appellant addressing the status of an unrelated pending motion and the court’s order denying his request for bail. A copy of the letter was served on counsel for respondent. In this letter, appellant presented his position that “denial of bail should be appealable as a final order under the collateral order doctrine.” However, he stated that he was “unsure of how [to] proceed in obtaining appellate review of the bail denial.” The district court, apparently because it viewed its bail order as non-ap-pealable, construed the letter as a request for certification pursuant to 28 U.S.C. § 1292(b), which the court denied.

On March 9, 1990, appellant filed an application for a certificate of probable cause pursuant to 28 U.S.C. § 2253. In his supporting papers, appellant requested that the district court treat his February 5, 1990 letter as a notice of appeal from the bail order. The district court has not acted on the application for a certificate of probable cause.

DISCUSSION

The posture of this case presents several potential obstacles to reaching the merits [43]*43of the appeal. The first is whether appellant filed a sufficient notice of appeal. A party seeking to appeal a judgment or order of the district court must file a notice of appeal that specifies the party taking the appeal, the judgment or order from which the appeal is taken and the court to which the appeal is taken. Fed.R.App.P. 3(c).

Appellant requests that his letter dated February 5, 1990, be treated as a notice of appeal of the district court’s bail order. That letter, at the least, is technically deficient. However, a notice of appeal filed by a pro se litigant must be viewed liberally, Conway v. Village of Mount Kisco, 750 F.2d 205, 211-12 (2d Cir.1984), cert. dismissed, 479 U.S. 84, 107 S.Ct. 390, 93 L.Ed.2d 325 (1986); Bradley v. Coughlin, 671 F.2d 686, 689 (2d Cir.1982), and not every technical defect in a notice of appeal constitutes a jurisdictional defect, see Matarese v. LeFevre, 801 F.2d 98, 105 (2d Cir.1986), cert. denied, 480 U.S. 908, 107 S.Ct. 1353, 94 L.Ed.2d 523 (1987); Bradley, 671 F.2d at 689; Fed.R.App.P. 3(c) (“An appeal shall not be dismissed for informality of form or title of the notice of appeal.”). “Our task is to interpret the notice of appeal so as to remain faithful to the intent of the appellant, fair to the appellee, and consistent with the jurisdictional authority of this court.” Conway, 750 F.2d at 211. As long as the pro se party’s notice of appeal evinces an intent to appeal an order or judgment of the district court and appellee has not been prejudiced or misled by the notice, the notice’s technical deficiencies will not bar appellate jurisdiction. See In re Bertoli, 812 F.2d 136, 138 (3d Cir.1987); Hanlin v. Mitchelson, 794 F.2d 834, 838 (2d Cir.1986); Cobb v. Lewis, 488 F.2d 41, 45-46 (5th Cir.1974).

Viewing it under these liberal standards, we hold that appellant’s February 5, 1990 letter to the district court constituted an adequate notice of appeal under Fed.R. App.P. 3(c). Even though in the letter appellant professed not to know how to proceed further to initiate an appeal, the letter sufficiently indicated his intent to appeal the district court’s bail order. He asserted that the order “finally determine[d]” the issue of bail in the district court and that therefore the order was appealable. He then requested assistance from the district court in obtaining appellate review of the order. The district court and the appellee were thus adequately apprised of his intent to appeal the bail order. Finally, the mere failure to identify that the appeal would be taken to this Court does not nullify the notice when it is clear that this is the court to which the appeal would be directed. See 9 J. Moore, B. Ward & J. Lucas, Moore’s Federal Practice ¶ 203.17[3], at 3-88 (2d ed. 1990).

The second potential obstacle is the question of our jurisdiction to review an order denying bail pending the disposition of a habeas petition. In Iuteri v. Nardoza, 662 F.2d 159, 161 (2d Cir.1981), we held that the state may appeal from an order granting bail pending habeas litigation under the collateral order doctrine.

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913 F.2d 41, 1990 U.S. App. LEXIS 15542, 1990 WL 127374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeffrey-grune-v-thomas-a-coughlin-ca2-1990.