# Carl Payne v. Eugene S. Lefevre, Superintendent of Clinton Correctional Facility

> Court of Appeals for the Second Circuit · August 4, 1987 · 825 F.2d 702

URL: https://www.frixlaw.com/law-library/cases/9476537

## Case

- **Full name:** Carl PAYNE, Petitioner-Appellant, v. Eugene S. LeFEVRE, Superintendent of Clinton Correctional Facility, Respondent-Appellee
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** August 4, 1987
- **Citations:** 825 F.2d 702; 1987 U.S. App. LEXIS 10516
- **Precedential status:** Published
- **Opinion:** Concurrence by Oakes
- **Judges:** Lumbard, Oakes, Cardamone
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9476537

## How later opinions describe it (automated extraction)

- finding no Brady violation where information contained in report that was not disclosed “was duplicative of material which [defendant’s] trial counsel already had in her possession”
- discussing People v. Rosario, 9 N.Y.2d 286, 213 N.Y.S.2d 448, 173 N.E.2d 881 (Ct.App.), cert. denied, 368 U.S. 866, 82 S.Ct. 117, 7 L.Ed.2d 64 (1961), and citing People v. Poole, 48 N.Y.2d 144, 422 N.Y.S.2d 5, 7, 397 N.E.2d 697, 698-99 (Ct.App.1979) (footnote omitted), cert. d…

## Opinion text

OAKES, Circuit Judge
(concurring):
I concur in the result, not with enthusiasm, but because Rose v. Clark, — U.S. -, 106 S.Ct. 3101 , 92 L.Ed.2d 460 (1986), compels it.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9476537. Public record. Not legal advice.