Eisenberg v. Roberts

Order Before: WEICK and EDWARDS, Circuit Judges, and PECK, Senior Circuit Judge. On receipt and consideration of the government's appeal in the above-styled case claiming clear error in the District Court's reliance upon a violation of petitioner-appellee Eisenberg's constitutional right to confrontation at his state court trial, wherein he was convicted of felonious assault; and On inspection of the state court trial record, being unable to ascertain any such denial of confrontation as contained therein; and Observing that in petitioner-appellee's brief and oral argument before this court, it is conceded that ""there appears to be no instance in which defense counsel unsuccessfully attempted to impeach Agent Vince before the jury on the falsehoods contained within his April 13, 1973, affidavit,"" Now, therefore, the judgment of the District Court is vacated and the case is remanded for further proceedings, including an evidentiary hearing before the District Judge on petitioner-appellee's other claims of constitutional violation.