Taylor v. United States, 88

Decision Date14 November 1973
Docket NumberNo. 88,Docket 73-1800.,88
PartiesJohn Anthony TAYLOR, Appellant, v. UNITED STATES of America, Appellee.
CourtU.S. Court of Appeals — Second Circuit

John Anthony Taylor, pro se.

Raymond J. Dearie, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty., E.D.N.Y., of counsel), for appellee.

Before WATERMAN, FRIENDLY and TIMBERS, Circuit Judges.

PER CURIAM:

On November 13, 1972, John Anthony Taylor, who had been convicted in the District Court for the Eastern District of New York of conspiring to engage in armed bank robbery in violation of 18 U.S.C. § 371, moved in that court under 28 U.S.C. § 2255 for an order vacating his sentence and setting aside his conviction. The motion was supported by an affidavit of Carol M. Brunner, who had been indicted with him and had testified against him, that an Assistant United States Attorney had offered her "special favors" in exchange for her testimony against Taylor. It was made clear to her, she stated, that the charges against her "would be reduced in consideration of my presenting the most damaging testimony possible against John Taylor." The Assistant responded with an affidavit stating that the Government "did not make any promises or offer any special favors" in exchange for her testimony. Judge Travia, in an opinion, denied the application. When it turned out that Taylor had never received the Assistant's affidavit, the judge reopened the case and two more sharply conflicting affidavits were filed. This time Brunner stated that the prosecutor had promised her that she would not go to jail if she cooperated with the Government and that he had told her to answer in the negative if asked whether any promises had been made to her, as she did. The Assistant denied these charges as well.

On April 16, 1973, the court filed an opinion adhering to its earlier decision. Crediting the Assistant's affidavit and discrediting Brunner's the judge concluded that "the motion papers submitted and the files and records of this court on this case conclusively show that the defendant Taylor is entitled to no relief."

Taylor appealed to this court and filed his pro se brief on June 19, 1973. The Government's answering brief was due on July 18, 1973. It filed none and obtained no extension of time. Inquiry from a judge of this court a week before the date scheduled for submission of the appeal developed that the Government, now recognizing that the court had been in...

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17 cases
  • Wright v. United States
    • United States
    • U.S. District Court — Eastern District of New York
    • March 11, 1983
    ...cannot be deemed a part of the records and files of this case for the purpose of denying relief under § 2255, Taylor v. United States, 487 F.2d 307, 308 (2d Cir. 1973), they may be considered in assessing the sufficiency of petitioner's supporting affidavit. United States v. Franzese, 525 F......
  • Anwar v. United States
    • United States
    • U.S. District Court — Northern District of New York
    • November 18, 1986
    ...of the "records and files of the case" for the purpose of determining whether petitioner is entitled to a hearing, Taylor v. United States, 487 F.2d 307, 308 (2d Cir. 1973), though such affidavits "may be considered in assessing the sufficiency of the petitioner's supporting affidavit." Dal......
  • Torres v. United States, 73 C 1211.
    • United States
    • U.S. District Court — Eastern District of New York
    • January 24, 1974
    ...files and records of the case conclusively show that the prisoner is entitled to no relief." 28 U.S.C. § 2255. See Taylor v. United States, 487 F.2d 307, at 308 (2 Cir., 1973); Dalli v. United States, 491 F.2d 758 (2 Cir., 1974). A hearing is not required, however, "where the allegations ar......
  • Lindhorst v. U.S.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • October 16, 1978
    ...275, 61 S.Ct. 574, 85 L.Ed. 830 (1941), and Waley v. Johnston, 316 U.S. 101, 62 S.Ct. 964, 86 L.Ed. 1302 (1942)." Taylor v. United States, 487 F.2d 307, 308 (2nd Cir. 1973); Accord Pennsylvania ex rel Herman v. Claudy, 350 U.S. 116, 123, 76 S.Ct. 223, 100 L.Ed. 126 (1956); Machibroda v. Uni......
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