Garner v. Yeager,
389 U.S. 86 (1967)

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U.S. Supreme Court

Garner v. Yeager, 389 U.S. 86 (1967)

Garner v. Yeager

No. 704

Decided November 6, 1967

389 U.S. 86


Petitioner's request for federal habeas corpus, on the ground that the prosecution concealed the existence of a promise to recommend a specific sentence or leniency for an accomplice who testified for the State against petitioner, was rejected by the District Court and the Court of Appeals. Thereafter, the New Jersey Supreme Court granted petitioner's codefendant a new trial after a court hearing on similar allegations.

Held: The case, in light of the State Supreme Court's action, is remanded to the District Court for reconsideration, which may include whether petitioner must first exhaust any available state remedies.

Vacated and remanded.

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