United States Second Circuit
DRAKE v PORTUONDO, 01-2217
In a claim for wrongful conviction based on perjured testimony under the Due Process Clause of the Fourteenth Amendment, petitioner made a showing of good cause and sufficient basis exists to remand the case for limited discovery on the circumstances surrounding a purported psychology expert's perjured testimony.
Appellate Information
- Decided 01/31/2003
- Published 01/31/2003
Judges
- JACOBS, Circuit Judge., Before: JACOBS, POOLER, Circuit Judges, BAER, District Judge.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Sally Wasserman, New York, NY, for Petitioner-Appellant.
- For Appellees:
- Thomas H. Brandt, Assistant District Attorney of Niagara County, Lockport, NY, (Matthew J. Murphy, III, District Attorney, on brief), for Respondent-Appellee.