United States Fourth Circuit

In habeas proceedings, defendant's conviction and death sentence are affirmed where: 1) the district court properly conducted an evidentiary hearing on the Brady issue and rendered a decision on the merits; and 2) the district court properly determined that, even if defendant were able to show that the evidence at issue was withheld and that it was favorable to him, the alleged Brady material does not undermine confidence in the guilty verdict.

Appellate Information

• Decided 12/16/2009
• Published 12/16/2009

Judges

• Before TRAXLER, Chief Judge, and GREGORY and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Danielle Spinelli, Wilmerhale, Washington, D.C., for Appellant.  Katherine Baldwin Burnett, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.   ON BRIEF:  Craig Goldblatt, Heather M. Zachary, D. Hien Tran, Annie L. Owens, Wilmerhale, Washington, D.C., for Appellant.  Robert F. McDonnell, Attorney General of Virginia, Jerry P. Slonaker, Senior Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.