· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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