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United States Third Circuit

Johnson v. Folino, 11-3250

District court's denial of habeas corpus petition, based on Brady violations by the prosecution, is reversed and remanded, where: 1) the proper inquiry is whether the undisclosed evidence is admissible itself or could have led to the discovery of admissible evidence that could have made a difference in the outcome of the trial sufficient to establish a "reasonable probability" of a different result; 2) the district court failed to conduct an item-by-item and cumulative evaluation of the suppressed evidence; and 3) the district court's conclusion that the suppressed evidence would have been inadmissible is unsupported.

Appellate Information

  • Decided 01/16/2013
  • Published 01/16/2013




  • United States Third Circuit


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