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United States Tenth Circuit


GONZALES v. MCKUNE, 00-3003

In a rape case, the prosecution's failure to disclose that a semen sample found on victim's body lacked sperm is a Brady violation, even if it would not completely exonorate defendant.

Appellate Information

  • Decided 04/18/2001
  • Published 04/18/2001

Judges

  • Before TACHA, Chief Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, and MURPHY, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Jean K. Gilles Phillips, The Paul E. Wilson Defender Project, University of Kansas School of Law, Lawrence, KS, for Petitioner-Appellant.

  • For Appellees:
  • Jared S. Maag, Assistant Attorney General, Office of the Kansas Attorney General, Topeka, KS, for Respondents-Appellees.
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