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Jordan v. Dufrain

Admission of guilt when pleading guilty renders any errors in grand jury proceeding harmless.

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Judge Mukasey

JORDAN v. DUFRAIN — Flanders Jordan has filed a petition pro se pursuant to 28 U.S.C. §2254 (2000), challenging his state court conviction for robbery in the third degree. In his petition, Jordan makes five claims: 1) the evidence before the grand jury that indicted him was fatally flawed and legally insufficient to support the charge; 2) neither of the two complaining witnesses testified before the grand jury that they were physically assaulted by Jordan; 3) the only evidence in the record before the trial court that Jordan had committed an assault was Jordan’s own testimony; 4) the trial court erred when it sentenced him in absence of his court-appointed counsel; and 5) Jordan told his “substitute” counsel that he wanted him to file an appeal, but neither substitute counsel nor his appointed counsel filed a notice of appeal, thus forfeiting Jordan’s right to appeal.

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