United States Third Circuit

District court's decision to grant defendant's request for habeas relief and to vacate his capital murder conviction concluding that a Brady violation had occurred is affirmed as, in light of the importance of the testimony of three witnesses and the significant impeachment value of the undisclosed information, defendant's right to due process, as set forth in Brady, was violated by the Commonwealth's failure to disclose the information.

Appellate Information

• Argued 03/20/2009
• Decided 12/23/2009
• Published 12/23/2009

Judges

• Before:  McKEE, CHAGARES and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Lynne Abraham, Esquire, District Attorney, David Curtis Glebe, Esquire (Argued) Assistant District Attorney, Thomas W. Dolgenos, Esquire, Chief, Federal Litigation, Ronald Eisenberg, Esquire, Deputy, Law Division, Arnold H. Gordon, Esquire, First Assistant District Attorney, Philadelphia, PA, for Appellants.


• For Appellees:
  
• Maureen Kearney Rowley, Esquire, Chief Federal Defender, Michael Wiseman, Esquire (Argued), David Wycoff, Esquire, Billy H. Nolas, Esquire, Assistant Federal Defenders, Federal Community Defender Office for the Eastern District of Pennsylvania, Federal Capital Habeas Corpus Unit, Philadelphia, PA, for Appellee.