United States Second Circuit

Where petitioner's conviction was obtained via perjured testimony of a purported witness to the crime, the district court erred in focusing solely on the credibility of the recantation rather than on the question of whether the trial testimony was perjured. Petition granted.

Appellate Information

• Argued 01/27/2003
• Decided 06/17/2003
• Published 06/17/2003

Judges

• OAKES, Senior Circuit Judge., Before OAKES, CALABRESI and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Steven B. Wasserman, New York, N.Y. (The Legal Aid Society, of counsel), for Petitioner-Appellant.


• For Appellees:
  
• Monique Ferrell, Assistant District Attorney, Kings County, Brooklyn, N.Y. (Charles J. Hynes, District Attorney, and Leonard Joblove and Jane S. Meyers, Assistant District Attorneys, of counsel), for Respondent-Appellee.