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HARPER v. KELLY

No. 1160, Docket 89-2364.

916 F.2d 54 (1990)

Elmer HARPER, Jr., Petitioner-Appellant, v. Walter R. KELLY, Superintendent, Attica Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 10, 1990.

Attorney(s) appearing for the Case

David A. Lewis, New York City (The Legal Aid Soc., Federal Defender Services Appeal Unit), for petitioner-appellant.

Stanley R. Kaplan, Bronx, N.Y. (Robert T. Johnson, Dist. Atty. of Bronx County, Billie Manning, Asst. Dist. Atty., of counsel), for respondent-appellee.

Before OAKES, Chief Judge, PRATT, Circuit Judge, and LEVAL, District Judge.

OAKES, Chief Judge:

This habeas corpus action calls on us to consider the extent to which a trial court may restrict a defendant's cross-examination of crucial eyewitness identification testimony. Specifically, we are faced with a state trial court's evidentiary ruling that precluded inquiry into a victim's emotional state during an armed robbery, when the victim made observations that formed the basis of his identification of the defendant. Finding that the court...

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