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LIPINSKI v. PEOPLE OF STATE OF N.Y.

No. 826, Docket 76-2154.

557 F.2d 289 (1977)

Howard LIPINSKI, Petitioner-Appellant, v. PEOPLE of the STATE OF NEW YORK, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 28, 1977.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (William J. Gallagher, The Legal Aid Society, Federal Defender Services Unit, New York City, of counsel), for petitioner-appellant.

Vincent L. Leibell, III, Asst. Dist. Atty., Westchester County, White Plains, N.Y. (Carl A. Vergari, Dist. Atty., Westchester County, White Plains, N.Y., of counsel), for respondent-appellee.

Before KAUFMAN, Chief Judge, and SMITH and MULLIGAN, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

The hoary rule of evidence that prevents a party from impeaching his own witness has plagued scholars for over fifty years. The consensus of modern commentators is forcefully expressed by Professor Morgan: "the general prohibition, if it ever had any basis in reason, has no place in any rational system of investigation in modern society."1

Nevertheless, many states continue to adhere to the traditional...

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