Legal Opinion
Ruben Ortega v. George Duncan
Court of Appeals for the Second Circuit
Decided June 17, 2003No. Docket 01-2629PublishedCited by 79 opinions
1Opinion of the Court
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 against those defendants. The United States District Court for the Southern District of New York, John Gleeson, Judge, held that the state court had erroneously denied Ortega…
2Cases cited15 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Townsend v. SainSupreme Court of the United States · 1963
- Herrera v. CollinsSupreme Court of the United States · 1993
- United States v. Wallach, Rusty Kent London, Eugene Robert Wallach, A/K/A "E. Robert (Bob) Wallach," and Wayne Franklyn ChinnCourt of Appeals for the Second Circuit · 1991
10 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Ortiz v. BarkleyDistrict Court, S.D. New York · 2008
- John Doe v. Frederick Menefee, Warden, Warden of the Otisville Federal Correctional Institution the Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 2004
- Hyman v. BrownCourt of Appeals for the Second Circuit · 2019
- Locurto v. GiulianiCourt of Appeals for the Second Circuit · 2006
- Blake v. RaceDistrict Court, E.D. New York · 2007
74 more not listed; retrieve them via the Exa API.