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ORTEGA v. DUNCAN

Docket No. 01-2629.

333 F.3d 102 (2003)

Ruben ORTEGA, Petitioner-Appellant, v. George DUNCAN, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 17, 2003.

Attorney(s) appearing for the Case

Steven B. Wasserman, New York, N.Y. (The Legal Aid Society, of counsel), for Petitioner-Appellant.

Monique Ferrell, Assistant District Attorney, Kings County, Brooklyn, N.Y. (Charles J. Hynes, District Attorney, and Leonard Joblove and Jane S. Meyers, Assistant District Attorneys, of counsel), for Respondent-Appellee.

Before OAKES, CALABRESI and SACK, Circuit Judges.

OAKES, Senior Circuit Judge.

Petitioner Ruben Ortega seeks habeas relief on the grounds that his murder conviction in state court was obtained on the perjured testimony of a purported witness to the crime. The witness, Dana Garner, originally testified that he saw Ortega shoot the victim but later recanted this testimony. Garner also recanted testimony in two other cases, both of which resulted in the dismissal of charges...

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