United States First Circuit

Brady v. Maryland, 373 U.S. 83, applies to a motion under 28 U.S.C. section 2255 based on newly-discovered evidence, and the matter is remanded so that petitioner can obtain a ruling on his Brady claim. (Republished opinion)

Appellate Information

• Decided 03/07/2003
• Published 03/07/2003

Judges

• Before BOUDIN, Chief Judge, BOWNES, Senior Circuit Judge, TORRUELLA, SELYA, LYNCH, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• S. Theodore Merritt, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, Ralph F. Boyd, Jr., Assistant Attorney General, Civil Rights Division, Department of Justice, Mark L. Gross and Teresa Kwong, Department of Justice, were on supplemental brief for appellant.


• For Appellees:
  
• Saul M. Pilchen with whom Robert S. Bennett, Jonice Gray Tucker and Thomas J. Dougherty were on supplemental brief for appellee.