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· 2/19/1998

Richard W. Dunnigan v. John P. Keane, Superintendent, Sing Sing Correctional Facility

Citations

  • 137 F.3d 117
  • 1998 U.S. App. LEXIS 2692
  • 1998 WL 75080

How courts have described this case

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

  • holding that evidence must be \sufficiently material to provide the basis for conviction\ to violate the Due Process Clause
  • concluding that due process claim had been waived because, at trial, petitioner neither objected to the testimony in question nor requested a limiting instruction
  • addressing testimony identifying petitioner as a felon and referring to his incarceration at Attica Correctional Facility
  • “Where the prejudicial evidence is probative of an essential element in the case, its admission does not violate the defendant’s right to due process.” (cleaned up)
  • “Where the prejudicial evidence is probative of an essential element in the case, its admission does not violate the defendant’s right to due process.” (cleaned up)
  • this factor favored admissibility because the witness engaged “in hand-to-hand combat” with the assailant

Source: CourtListener parenthetical corpus (CC0).

Judges: Oakes, Kearse, Friedman

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.