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TINSLEY v. KUHLMANN

No. 1682, Docket 92-2150.

973 F.2d 163 (1992)

Larry TINSLEY, Plaintiff-Appellee, v. Robert KUHLMANN, Warden, Sullivan Correctional Facility, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 26, 1992.

Attorney(s) appearing for the Case

David J. Mudd, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty., Marc Frazier Scholl, Asst. Dist. Atty., New York County, of counsel), for defendant-appellant.

Nicolas Swerdloff, New York City (Robert B. Funkhouser, Hughes Hubbard & Reed, of counsel), for plaintiff-appellee.

Before CARDAMONE, WINTER and MAHONEY, Circuit Judges.

CARDAMONE, Circuit Judge:

Robert Kuhlmann, Warden of the Sullivan Correctional Facility, appeals from a March 3, 1992 order of the United States District Court for the Southern District of New York (Lowe, J.) granting Larry Tinsley's petition for a writ of habeas corpus. The district court held that the state court's preclusion of all cross-examination of prosecution witness Officer David Fleming, the arresting officer, regarding his suspension from the police...

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