- 8 - Petitioner filed with the District Court a motion for new trial on the ground that the Government had improperly failed to disclose certain exculpatory evidence and improperly used false testimony of petitioner’s attorney. The District Court denied petitioner’s motion. The Court of Appeals affirmed the District Court’s ruling. In December 2001, petitioner filed with the District Court a motion to vacate, set aside, or correct his sentence and judgment of conviction. Petitioner alleged in the motion that he was a victim of prosecutorial misconduct because the Government had failed to disclose material, exculpatory evidence, including evidence that his attorney had contracted to buy a condominium at one of petitioner’s developments and that petitioner had provided the deposit. The District Court denied petitioner’s motion. The Court of Appeals affirmed the District Court’s ruling. Petitioner filed a petition for writ of certiorari, which was denied. The judgment of conviction entered against petitioner is final. OPINION A. Whether Collateral Estoppel Applies, and If So, to What Extent 1. Background The parties dispute whether petitioner is collaterally estopped by his criminal convictions from denying certain facts.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011