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CARTER v. RAFFERTY

No. 85-5735.

826 F.2d 1299 (1987)

Rubin CARTER and John Artis v. John J. RAFFERTY, Superintendent, Rahway State Prison, and Irwin I. Kimmelman, the Attorney General of the State of New Jersey. John ARTIS v. Christopher DIETZ, Chairman, Parole Board of the State of New Jersey and Irwin I. Kimmelman, the Attorney General of the State of New Jersey. Appeal of John J. RAFFERTY, Superintendent, Rahway State Prison, Christopher Dietz, Chairman, Parole Board of the State of New Jersey, and Irwin I. Kimmelman, Attorney General of the State of New Jersey.

United States Court of Appeals, Third Circuit.

Decided August 21, 1987.

Attorney(s) appearing for the Case

Joseph A. Falcone, Passaic County Pros., Paterson, N.J. (John P. Goceljak, First Asst. Pros., Ronald G. Marmo (argued), Chief Asst. Pros., of counsel and on the brief), for appellants.

Leon Friedman (argued), Hofstra University Law School, Hempstead, N.Y., for appellees Carter and Artis.

Myron Beldock, Edward S. Graves, Beldock, Levine and Hoffman, New York City, for appellee Carter.

Lewis M. Steel (argued), Steel Bellman and Levine, P.C., New York City, for appellee Artis.

Before GIBBONS, Chief Judge, WEIS and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The major question for decision in this appeal from the district court's grant of a writ of habeas corpus is whether the state of New Jersey violated the requirements of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), by failing to disclose to the defendant certain reports of a lie detector test administered...

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