United States Second Circuit
DRAKE v. PORTUONDO, 01-2217
District court's judgment denying plaintiff's petition for habeas relief is vacated and remanded for discovery and a hearing on whether the prosecution knew or should have known that its psychological expert was committing perjury.
Appellate Information
- Decided 02/05/2003
- Published 02/05/2003
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.