Legal Opinion · Dissent

Lesko v. Owens

Court of Appeals for the Third Circuit

Decided July 27, 1989No. 88-3333Published

1DissentCowen, Circuit Judge

In light of the substantial deprivation of fundamental due process raised in the record before me, I respectfully dissent.

I

The question presented on this appeal is whether the prosecutor had license to present every lurid detail of the murder of William Nicholls during Lesko’s trial for the murder of Police Officer Miller. The majority holds that the details of the Nic-holls abduction and torture-murder are relevant to the issues of motive and intent.1 While the murder itself is relevant, I believe the gruesome details of the murder are not. Even if the details of the Nicholls murder were…

2Cases cited33 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Brady v. United StatesSupreme Court of the United States · 1970
  3. Santobello v. New YorkSupreme Court of the United States · 1971
  4. Blackledge v. AllisonSupreme Court of the United States · 1977
  5. Zant v. StephensSupreme Court of the United States · 1983

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