Legal Opinion

Tropiano v. United States

District Court, D. Connecticut

Decided February 26, 1971No. Civ. No. 14157PublishedCited by 9 opinions

1Opinion of the Court

TIMBERS, Chief Judge.

QUESTIONS PRESENTED

Petitioner Tropiano’s motion to vacate sentence, pursuant to 28 U.S.C. § 2255 (1964), presents the questions (1) whether the refusal of counsel for co-defendant Grasso to permit Grasso to testify at the trial (assuming arguendo the truth of such allegation) denied Tropiano his Sixth Amendment right to counsel and his Fifth Amendment right to due process; and (2) whether such testimony by Grasso in any event qualifies as newly discovered evidence.

For the reasons stated below, the Court holds that both questions must be answered in the negative.…

2Cases cited18 opinions

  1. United States v. William BentvenaCourt of Appeals for the Second Circuit · 1963
  2. United States v. Ralph 'Whitey' Tropiano, Lawrence R. Pellegrino and William Grasso,defendants-AppellantsCourt of Appeals for the Second Circuit · 1969
  3. United States v. Virgil D. Dardi, Robert B. Gravis, Charles Rosenthal and Charles BermanCourt of Appeals for the Second Circuit · 1964
  4. United States v. Ralph GarguiloCourt of Appeals for the Second Circuit · 1963
  5. United States v. Richard Anthony CapaldoCourt of Appeals for the Second Circuit · 1968

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3Cited by9 opinions

  1. Cesar Vega Pelegrina v. United StatesCourt of Appeals for the First Circuit · 1979
  2. State v. SimsSupreme Court of Iowa · 1976
  3. United States v. Joseph G. Houle and Victor DiodatoCourt of Appeals for the Second Circuit · 1973
  4. United States v. GuilletteDistrict Court, D. Connecticut · 1975
  5. United States v. ArenaDistrict Court, N.D. New York · 1996

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