United States Tenth Circuit

In a criminal case in which habeas petitioner was accused of stealing a service station tow truck and using it to steal another vehicle, his petition for habeas corpus is granted and his convictions vacated where the prosecution's failure to disclose physical evidence linking another individual to the tow truck theft, when it knew petitioner's defense was that the other man committed the theft, constituted a violation of petitioner's due process rights under Brady.

Appellate Information

• Decided 04/12/2007
• Published 04/13/2007

Judges

• McCONNELL, Circuit Judge., Before HARTZ, SEYMOUR, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jean K. Gilles Phillips, Lawrence, KS, for Plaintiff-Appellant.


• For Appellees:
  
• Jared S. Maag, Deputy Attorney General, for Defendants-Appellees.