United States Tenth Circuit

In proceedings following defendant's conviction for sexually abusing a minor within Indian country, denial of his motion for a new trial under Rule 33(b) of the Federal Rules of Criminal Procedure based on a Brady claim is reversed where the district court erred in holding that suppressed evidence was immaterial without first either resolving a disputed question regarding whether the government suppressed information regarding the victim's supposed false accusations at school or allowing discovery to determine the nature and veracity of her supposed accusations against her teacher and vice principal.

Appellate Information

• Decided 05/02/2007
• Published 05/02/2007

Judges

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

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Marc M. Lowry (Peter Schoenburg with him on the briefs), Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu, LLP, Albuquerque, New Mexico, for Defendant-Appellant., J. Miles Hanisee, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the brief), Albuquerque, New Mexico, for Plaintiff-Appellee.