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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.
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