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United States Second Circuit


Drake v. Portuondo, 061365

In conviction for two counts of second degree murder, denial of petition for writ of habeas corpus is reversed and remanded where the district court erred in concluding that: 1) prosecution was not aware of the expert witness's false statements; and 2) false testimony was not material to the jury's verdict.

Appellate Information

  • Decided 01/23/2009
  • Published 01/23/2009

Judges

Court

  • United States Second Circuit

Counsel

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