United States Second Circuit

In a sexual abuse prosecution, the denial of petitioner's habeas petition is affirmed where: 1) the fact that hypnosis may have been used to stimulate alleged victims' memory recall and potentially induce false memories of abuse was a circumstance that would fit comfortably under the general understanding of impeachment evidence -- evidence that "is offered to discredit a witness . . . to reduce the effectiveness of [her] testimony by bringing forth evidence which explains why the jury should not put faith in [her] or [her] testimony"; and 2) even if hypnosis evidence comes within Brady's broader definition of exculpatory evidence, the petition would still have to be denied.

Appellate Information

• Decided 08/16/2010
• Published 08/16/2010

Judges

• Edward R. Korman

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jennifer Bonjean, Judith R. Sternberg