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United States First Circuit


ELLSWORTH v. WARDEN, NEW HAMPSHIRE STATE PRISON, 02-1226

In an appeal of conviction for sexual abuse of a minor, a Brady violation may exist if plaintiff can produce non-hearsay evidence that the minor victim previously made false accusations in pertinently similar circumstances.

Appellate Information

  • Decided 06/16/2003
  • Published 06/16/2003

Judges

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

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Andrew R. Schulman with whom Getman, Stacey, Tamposi, Schulthess & Steere, P.A. were on brief, for appellant.

  • For Appellees:
  • James D. Rosenberg, Assistant Attorney General, for appellees.
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