United States ex rel. Rohrlich v. Wallack

WEINFELD, District Judge.

Petitioner, now serving a sentence as a multiple offender of from fifteen to thirty-five years pursuant to a state court judgment of conviction for robbery in the first degree, charges that it was procured in violation of his federally protected right to due process of law. His essential claim is that he was denied a fundamentally fair trial in that the state prosecution knowingly permitted John Tumminia, a codefendant who had pleaded guilty and was a prosecution witness against petitioner, to testify falsely that no promise of leniency had been made in return for his…