United States Sixth Circuit

An evidentiary hearing was warranted where it was reasonably probable that the disclosure of a semen stain on victim's underwear, from a source other than defendant, would have changed the trial result; district court unreasonably applied Brady v. Maryland, 373 U.S. 83.

Appellate Information

• Decided 08/09/2002
• Published 08/09/2002

Judges

• Before:  MERRITT, BOGGS, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Thomas W. Sawyer, Mound Regional Correctional Facility, Detroit, MI, Timothy M. Holloway (argued and briefed), Taylor, MI, for Petitioner-Appellant.


• For Appellees:
  
• Brad H. Beaver (argued and briefed), Office of the Attorney General, Habeas Corpus Division, Lansing, MI, for Respondents-Appellees.