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· 7/1/2016

Lippens v. Winkler Backereitechnik GmbH

Citations

  • 141 A.D.3d 1124
  • 33 N.Y.S.3d 924

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that a court “will not tolerate prosecutorial participation in technically correct, yet seriously misleading, testimony which serves to conceal the existence of a deal with material witnesses”
  • refusing to find waiver where appointed counsel filed a brief in federal district court that omitted grounds for habeas because the petitioner raised those grounds in state habeas proceedings and in his pro se application for habeas relief
  • refusing to find waiver where appointed counsel filed a brief in federal district court that omitted grounds for habeas because the petitioner raised those grounds in state habeas proceedings and in his pro se application for habeas relief
  • issue raised in petitioner’s pro se brief was exhausted even though not raised in subsequent brief filed by appointed counsel
  • “[W]e will not tolerate prosecutorial participation in technically correct, yet seriously misleading, testimony which serves to conceal the existence of a deal with material witnesses.”
  • prosecution’s knowing use of perjured testimony

Source: CourtListener parenthetical corpus (CC0).

Judges: Carni, Dejoseph, Peradotto, Smith, Whalen

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.