United States Second Circuit

Grant of habeas petition ordering conviction be vacated based on state's Brady violation is vacated in part as to barring of retrial of count of depraved indifference murder as petitioner had not exhausted his state remedies with respect to that relief.

Appellate Information

• Decided 03/04/2008
• Published 03/04/2008

Judges

• LEVAL, Circuit Judge:, Before:  Jacobs, Chief Judge, Leval, Sotomayor, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• John Bartels, Jr., Bartels and Feureisen, LLP, White Plains, NY, (David Feureisen, of counsel), for Petitioner.


• For Appellees:
  
• Valerie A. Livingston, Assistant District Attorney, Westchester County, White Plains, NY, for Respondent.