United States Second Circuit

The state court's denial of petitioner's federal due process claim relating to the use of false testimony against him was an unreasonable application of clearly established federal law on the issue of the presentation of known false evidence as determined by the US Supreme Court; thus, petition for writ of habeas corpus was properly granted.

Appellate Information

• Decided 04/01/2002
• Published 04/01/2002

Judges

• SACK, Circuit Judge., Before: SACK, B.D. PARKER, JR. and B. FLETCHER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Donna Aldea, Assistant District Attorney (Richard A. Brown, District Attorney, Queens County, John M. Castello, Assistant District Attorney, Lisa Ann Drury, Assistant District Attorney, of counsel), Kew Gardens, NY, for Respondent-Appellant-Cross-Appellee., Frederick H. Cohn (Laura K. Gasiorowski, of counsel), New York, NY, for Petitioner-Appellee-Cross-Appellant.