PORTUONDO, SUPERINTENDENT, FISHKILL CORRECTIONAL FACILITY v. AGARD: certiorari to the united states court of appeals for the second circuit.

PORTUONDO v. Agard (Supreme Court case); CRIMINAL procedure; LEGAL procedure; LEGAL judgments; SELF-incrimination; LEGAL evidence; UNITED States. Supreme Court

The article presents information on U.S. Supreme Court case Portuondo, Superintendent, Fishkill Correctional Facility v. Agard, case number 98-1170, argued on November 1, 1999 and decided on March 6, 2000. The facts of the case state that respondent was convicted on New York criminal charges after a trial that required the jury to decide whether it believed the testimony of the victim and her friend or the conflicting testimony of respondent. In the trial, the prosecutor challenged respondent's credibility during summation and called the attention of the jury. After exhausting his state appeals, respondent elevated his case to the federal court claiming that his Fifth and Sixth Amendment rights have been violated by the prosecution. The District Court denied the petition, but the Second Circuit reversed. The Supreme Court reversed the Second Circuit and upheld the District Court's ruling.