Joseph Massaro v. United States (538 U.S. 500)
U.S. Supreme Court · decided April 23, 2003 · Supreme Court Database (Spaeth)
- Citation
- 538 U.S. 500 · 123 S. Ct. 1690
- Decided
- April 23, 2003
- Term
- October Term 2002
- Vote
- 9–0
- Majority author
- Justice Kennedy
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Kennedy delivered the opinion of the Court. Petitioner, Joseph Massaro, was indicted on federal racketeering charges, including murder in aid of racketeering, 18 U. S. C. § 1962(d), in connection with the shooting death of Joseph Fiorito. He was tried in the United States District Court for the Southern District of New York. The day before Massaro’s trial was to begin, prosecutors learned of what appeared to be a critical piece of evidence: a bullet allegedly recovered from the car in which the victim’s body was found. They waited for several days, however, to inform defense counsel of this development. Not until the trial was underway and the defense had made its opening statement did they make this disclosure. After the trial court and the defense had been informed of the development but still during the course of trial, defense counsel more than once declined the trial court’s offer of a continuance so the bullet could be examined. Massaro was convicted and sentenced to life imprisonment. On direct appeal new counsel for Massaro argued the District Court had erred in admitting the bullet in evidence, but he did not raise any claim relating to ineffective assistance of trial counsel. The Court of Appeals for the Second Circuit affirmed the conviction. Judgt. order reported at 57 F. 3d 1063 (1995). Massaro later filed a motion under 28 U. S. C. §2255, seeking to…
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