United States Sixth Circuit

Denial of habeas relief from a conviction for first degree murder and second degree murder is affirmed where: 1) if the government chooses to provide assistance to a witness following a trial, a court need not necessarily infer a preexisting deal subject to disclosure under Brady; 2) the record did not establish that a witness and prosecutor had reached a mutual understanding, albeit unspoken, that the witness would provide testimony in exchange for the district attorney's intervention in a case against him, for purposes of qualifying as a favorable impeachment material under Brady; and 3) other Brady and ineffective assistance claims failed.

Appellate Information

• Decided 01/04/2008
• Published 01/04/2008

Judges

• Before: BOGGS, Chief Judge;  MARTIN, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Gretchen L. Swift, Federal Public Defender's Office, Nashville, Tennessee, for Appellant.  Joseph F. Whalen III, Office of the Attorney General, Nashville, Tennessee, for Appellee.   ON BRIEF:  Gretchen L. Swift, Jude T. Lenahan, Federal Public Defender's Office, Nashville, Tennessee, for Appellant.  Joseph F. Whalen III, Office of the Attorney General, Nashville, Tennessee, for Appellee.