A Bronx judge’s “unreasonable” application of U.S. Supreme Court confrontation clause jurisprudence denied a defendant a fair trial and resulted in his conviction on a homicide charge, a unanimous panel of the U.S. Court of Appeals for the Second Circuit said Monday.
The court upheld Southern District Judge Colleen McMahon (See Profile) in granting Julio Alvarez a writ of habeas corpus. It said Bronx Supreme Court Justice Edward Davidowitz undermined the defense by barring Alvarez from questioning a detective about whether police pursued various leads.
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