Skip to main content

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.
Copied to clipboard