Legal Opinion
Benn v. Greiner
District Court, E.D. New York
Decided December 3, 2003No. 98-CV-5621 (JBW), 03-MISC-0066 (JBW)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM, JUDGMENT & ORDER
WEINSTEIN, Senior District Judge.
Petitioner was convicted principally of first-degree sodomy and attempted rape. The jury was precluded by the trial court from learning that the complainant, who suffers from chronic schizophrenia, had made numerous unverified allegations of sexual assault against other persons. Because his opportunity to confront his accuser through cross-examination was unduly truncated, petitioner was denied a fair trial.
Hearings were held in this matter. Counsel, appointed to assist petitioner, was present in person. Petitioner was present…
2Cases cited45 opinions
- Miller-El v. CockrellSupreme Court of the United States · 2003
- Williams v. TaylorSupreme Court of the United States · 2000
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- United States v. AgursSupreme Court of the United States · 1976
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3Cited by4 opinions
- United States v. Mel Lambert VelardeCourt of Appeals for the Tenth Circuit · 2007
- James Benn v. Charles GreinerCourt of Appeals for the Second Circuit · 2005
- Pelletier v. NHSP WardenDistrict Court, D. New Hampshire · 2008
- United States v. VelardeCourt of Appeals for the Tenth Circuit · 2007