ELORTEGUI v. U.S.

No. 88-2435-CIV-NESBITT.

743 F.Supp. 828 (1990)

Ricardo ELORTEGUI, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S.D. Florida.

June 25, 1990.


Attorney(s) appearing for the Case

Bruce Rogow, Miami, Fla., for petitioner. U.S. Atty's. Office, for defendant.


MEMORANDUM OPINION

NESBITT, District Judge.

This case presents the novel question of whether the Eleventh Circuit's decision in United States v. Piccinonna, 885 F.2d 1529 (11th Cir.1989), permitting the limited admission of polygraph evidence at trial, should retroactively apply to actions brought under 28 U.S.C. § 2255, the "habeas" provision for federal prisoners.

I. BACKGROUND

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