Legal Opinion
Kemp Yarborough v. John P. Keane, Superintendent, Sing Sing Correctional Facility
Court of Appeals for the Second Circuit
Decided December 10, 1996No. 219, Docket 96-2166PublishedCited by 50 opinions
1Opinion of the Court
LEVAL, Circuit Judge:
Kemp Yarborough appeals from Judge Martin’s dismissal of his petition for habeas corpus. During Yarborough’s murder trial in New York State Supreme Court, the prosecutor notified the judge in a robing room conference that a prospective prosecution witness had been present in the courtroom, without the prosecutor’s knowledge, while a police officer was testifying. Yarborough’s attorney moved ■ to disqualify the witness. The judge called in the witness and questioned him to determine whether the witness’s testimony would be influenced by hearing the officer testify.…
2Cases cited20 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Arizona v. FulminanteSupreme Court of the United States · 1991
15 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- United States v. Ruben Feliciano, AKA Rude Dog, AKA Roob Dog, Ronald Pagan, AKA Twin, and Nelson Gonzalez, AKA Snoop,defendants-AppellantsCourt of Appeals for the Second Circuit · 2000
- United States of America, Appellee-Cross-Appellant v. Esteban Gonzalez and Alfredo Colon, Defendants-Appellants-Cross-AppelleesCourt of Appeals for the Second Circuit · 1997
- United States v. Pearson, EricCourt of Appeals for the Tenth Circuit · 2000
- United States v. Marcus CanadyCourt of Appeals for the Second Circuit · 1997
- Andre Brown v. Robert Kuhlmann, Superintendent of Sullivan Correctional FacilityCourt of Appeals for the Second Circuit · 1998
45 more not listed; retrieve them via the Exa API.