Ex-Tyco Execs Urge 2nd Circ. To Revive Habeas Bid

Law360, New York (January 30, 2013, 5:20 PM EST) -- Two imprisoned former executives of Tyco International Ltd. asked the Second Circuit on Wednesday to reverse a lower court’s decision denying their petition for a writ of habeas corpus, saying the court erred in ruling the petition was barred by New York state’s preservation rule.

Tyco's ex-CEO L. Dennis Kozlowski and ex-CFO Mark H. Swartz said at oral argument Wednesday that, contrary to a district court opinion, they had substantively raised constitutional questions when requesting a pretrial subpoena in their criminal state court fraud cases....
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