HEMSTREET v. GREINER

Docket No. 02-2747-pr.

491 F.3d 84 (2007)

Charles HEMSTREET, Petitioner-Appellee, v. Charles GREINER, Superintendent, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 20, 2007.


Attorney(s) appearing for the Case

Monica R. Jacobson, P.C., New York, NY, for Petitioner-Appellee.

Michael E. Bongiorno, District Attorney, Rockland County (Ann C. Sullivan, Special Assistant, District Attorney, of counsel) New City, NY, for Respondent-Appellant.

Before: MESKILL, SACK, and B.D. PARKER, Circuit Judges.


Judge MESKILL dissents in a separate opinion.

B.D. PARKER, JR., Circuit Judge:

Following his murder conviction in New York state court, Petitioner Charles Hemstreet sought a writ of habeas corpus principally on the ground of ineffective assistance of counsel. He claimed that officers investigating the murder had intimidated a potentially exculpatory witness, causing her not to testify at trial, and that counsel had omitted to pursue this issue both at trial...

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