Klein v. Harris

David Harris, Superintendent of Green Haven Correctional Facility ("the State"), appeals from a judgment of the United States District Court for the Eastern District of New York (Nickerson, J.) granting the petition of Eugene Jerome Joseph Klein ("Klein") for a writ of habeas corpus. Following a jury trial in New York State Supreme Court, Queens County, Klein was convicted of felony murder and murder in the second degree. As is described below, Klein unsuccessfully pursued numerous avenues toward post-conviction relief in the New York state courts before petitioning the district court for a writ of habeas corpus. Kleins petition alleged, inter alia, that he was denied his due process right to a fair trial when a witness at his trial invoked the fifth amendments privilege against self-incrimination upon being recalled to the stand and the trial judge failed either to direct the witness to testify or to strike the witness earlier testimony. Judge Nickerson held, in an unpublished memorandum decision, (1) that the trial judges challenged conduct constituted "plain error" of constitutional dimension and (2) that Klein was not precluded by any procedural bar from presenting his challenge to the trial judges conduct in the context of a federal habeas corpus petition. Accordingly, Judge Nickerson granted Kleins petition and ordered that he be released if not given a new trial within sixty days. We agree with both aspects of Judge Nickersons holding, and affirm the judgment.