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Tuesday, June 07, 2011

Defaulted. Defendant was charged with murder. The jury was hung on his first trial. On his second trial, the testimony of a state's witness at the first trial was admitted without informing the jury at the second trial that the witness had since recanted his testimony. The Defendant sought habeas corpus relief from the district court, which was granted. On appeal, however, the Second Circuit held that the issue had not been raised and preserved before the trial court and was procedurally defaulted under New York law.

The decision in Whitley v. Ercole can be found here.

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