· 3/13/1996
United States v. Tony Wong, Victor Ventura, Rigoberto Ramos and Pedro Taveras, Roberto Figueroa, Also Known as Cessi, and Hector Rivera
Citations
- 78 F.3d 73
- 1996 U.S. App. LEXIS 4474
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a new trial was not required because the evidence of perjury was “the sort of cumulative impeachment material that is routinely held insufficient”
- holding that “new impeachment evidence may satisfy the ‘reasonable likelihood’ standard where a conviction depends on the testimony of a single government witness, or on a witness whose credibility was not attacked on cross examination”
- stating that “[t]he court gives complete deference to state court findings of historical fact unless they are clearly erroneous”
- remarking that the supposedly perjured testimony, concerning whether the witness had filed a tax return for the previous year, was a collateral matter not relevant to the guilt or innocence of the defendant
- affirming denial of new trial because “circumstances do not suggest that the undisclosed evidence of [a star witness’s] perjury would have affected the result”
- affirming denial of Rule 33 motion where defense counsel had “sufficient ammunition” concerning government witness’s credibility
Source: CourtListener parenthetical corpus (CC0).
Judges: Lumbard, Altimari, Jacobs
Read full opinion on CourtListenerSourced 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.