United States Sixth Circuit

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Apanovitch v. Houk, 94-3117

Denial of a 1991 habeas petition in a death penalty case is reversed in part and remanded, pursuant to a Brady claim, in light of the state-s apparent failure to provide potentially exculpatory materials to defendant prior to the filing of his petition, and of the untested nature of certain DNA evidence. The remainder of the district court's order is affirmed over remaining Brady claims, a claim of insufficient evidence, and challenges to the admission of certain witnesses.

Appellate Information

  • Decided 10/19/2006
  • Published 10/19/2006

Judges

  • Before BOGGS, Chief Judge;  and DAUGHTREY and MOORE, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Dale A. Baich, Office of the Federal Public Defender for the District of Arizona, Phoenix, Arizona, for Appellant.  Michael L. Collyer, Office of the Attorney General, Cleveland, Ohio, for Appellee.   ON BRIEF:  Dale A. Baich, Jon M. Sands, Office of the Federal Public Defender for the District of Arizona, Phoenix, Arizona, Mark R. DeVan, Berkman, Gordon, Murray & DeVan, Cleveland, Ohio, for Appellant.  Michael L. Collyer, Office of the Attorney General, Cleveland, Ohio, for Appellee.
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