Legal Opinion
Bernard Cullen v. United States
Court of Appeals for the Second Circuit
Decided October 22, 1999No. 1999PublishedCited by 217 opinions
1Opinion of the Court
JON 0. NEWMAN, Circuit Judge.
This appeal primarily presents the issue of whether a district judge, considering a report and recommendation of a magistrate judge who observed a witness and credited the witness’s key testimony, may reject that testimony on credibility grounds without holding a hearing and assessing the witness’s credibility. Bernard Cullen appeals from the March 25, 1998, order of the United States District Court for the District of Vermont (J. Gar-van Murtha, Chief Judge), denying his motion, filed pursuant to 28 U.S.C. § 2255, to vacate a sentence imposed after a jury…
2Cases cited18 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- United States v. RaddatzSupreme Court of the United States · 1980
- Von Moltke v. GilliesSupreme Court of the United States · 1948
- Peretz v. United StatesSupreme Court of the United States · 1991
- United States v. Oscar Rosa, Vincent Lopez, Ricardo Rodriguez, Hector Hernandez, and Armando VelasquezCourt of Appeals for the Second Circuit · 1993
13 more not listed; retrieve them via the Exa API.
3Cited by217 opinions
- Puglisi v. United StatesCourt of Appeals for the Second Circuit · 2009
- Johney Pham v. United StatesCourt of Appeals for the Second Circuit · 2003
- Eddie D. Smith v. United StatesCourt of Appeals for the Sixth Circuit · 2003
- John M. Purdy, Jr. v. United StatesCourt of Appeals for the Second Circuit · 2000
- John M. Purdy, Jr. v. Jacob D. Zeldes, and Zeldes Needle and CooperCourt of Appeals for the Second Circuit · 2003
212 more not listed; retrieve them via the Exa API.