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United States Fifth Circuit


Avila v. Quarterman, 07-70028

The denial of Petitioner's habeas petition in a capital murder case is affirmed, where an expert witness who testified for the state had no duty to disclose potentially exculpatory evidence under Brady v. Maryland, 373 U.S. 83 (1963), because he was not a member of the prosecution team.

Appellate Information

  • Decided 03/09/2009
  • Published 03/09/2009

Judges

  • BENAVIDES, Circuit Judge:, Before WIENER, GARZA, and BENAVIDES, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Chris K. Gober, Law Office of Chris K. Gober, San Antonio, TX, Robin Norris, Hart & Norris, El Paso, TX, for Avila., Thomas M. Jones, Postconviction Litigation Div., Austin, TX, for Quarterman.

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