U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

Dunlap v. Burge, No. 07-0592

In a robbery prosecution, grant of petitioner's habeas petition is reversed where the district court erred in failing to accord the deference required by 28 U.S.C. section 2254(d) to the state court's evaluation of the pretrial identification procedures used by the police.

Read Dunlap v. Burge, No. 07-0592

Appellate Information

Submitted: February 5, 2009

Decided: September 28, 2009


Opinion by Judge Stanceu


For Appellant:

Sally Wasserman, New York, NY

For Appellee:

John Sergi, Janet DiFiore, Joseph M. Latino, and Anthony J. Servino, Westchester County District Attorney's Office, White Plains, NY