Legal Opinion
Thomas v. Kuhlman
District Court, E.D. New York
Decided April 7, 2003No. 97-CV-2096 (JBW)PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM, ORDER & JUDGMENT
WEINSTEIN, Senior District Judge.
I. Introduction
At trial in this murder case, the prosecution elicited pivotal testimony from its key witness that she observed defendant on the fire escape of the victim’s apartment building shortly before the victim was killed. When considered in the context of the state’s case as a whole, this testimony placed defendant precisely at the window of the victim’s apartment just before the murder.
It is now undisputed that it was physically impossible for the witness to have seen defendant at the victim’s window, since the fire escape…
2Cases cited19 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- United States v. AgursSupreme Court of the United States · 1976
- Kyles v. WhitleySupreme Court of the United States · 1995
- McMann v. RichardsonSupreme Court of the United States · 1970
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3Cited by13 opinions
- State of New Jersey in the Interest of A.B.Supreme Court of New Jersey · 2014
- Garcia v. PortuondoDistrict Court, S.D. New York · 2006
- People v. FogleAppellate Division of the Supreme Court of the State of New York · 2004
- People v. FogleAppellate Division of the Supreme Court of the State of New York · 2003
- Floyd v. StateSupreme Court of Florida · 2005
8 more not listed; retrieve them via the Exa API.