Charles A. Gale v. David R. Harris, Superintendent, Greenhaven Correctional Facility

Petitioner instituted this habeas corpus proceeding in the United States District Court for the Southern District of New York, contending that his constitutional rights had been violated during his state trial by the judge’s limitation of his examination of a crucial witness. 1 Judge Duffy, relying on our opinion in Welcome v. Vincent, 549 F.2d 853 (2d Cir.) cert. denied, 432 U.S. 911, 97 S.Ct. 2960, 53 L.Ed.2d 1084 (1977), a case which involved a co-defendant of the petitioner, granted the writ. We reverse.

In 1970, petitioner and two co-defendants, Welcome and Holmes, were convicted on four…