Legal Opinion · Dissent

Marcos Poventud v. City of New York

Court of Appeals for the Second Circuit

Decided January 16, 2014No. 12-1011-cvPublished

1DissentDennis Jacobs, Circuit Judge

In Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), the Supreme Court ruled that a proper respect for finality and consistency of judgments bars actions under 42 U.S.C. § 1983 that require “impugning” an extant conviction. Id. at 486 n. 5, 114 S.Ct. 2364. In Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and its progeny, the *151prosecution’s constitutional obligation to disclose information that is material to the defense has been located in the truth-seeking function of a trial, and not in any “sporting theory of justice.” Id. at 90, 83 S.Ct. 1194.…

2Cases cited54 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Heck v. HumphreySupreme Court of the United States · 1994
  4. United States v. BagleySupreme Court of the United States · 1985
  5. United States v. AgursSupreme Court of the United States · 1976

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