United States Sixth Circuit

Grant of a petition for writ of habeas corpus, which had been amended to add a Brady claim after petitioner discovered that the prosecution withheld evidence during his trial, is affirmed where: 1) respondent expressly waived the issue of exhaustion during the court proceedings since counsel manifested a clear and unambiguous intent to waive; and 2) the evidence withheld by the prosecution would have further challenged their version of events and implicated someone else as a suspect.

Appellate Information

• Decided 06/05/2008
• Published 06/05/2008

Judges

• Before BOGGS, Chief Judge;  GIBBONS and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen E. Maher, Office of the Attorney General of Ohio, Columbus, Ohio, for Appellant.  John Q. Lewis, Jones Day, Cleveland, Ohio, for Appellee.   ON BRIEF:  Stephen E. Maher, Office of the Attorney General of Ohio, Columbus, Ohio, for Appellant.  John Q. Lewis, Edward J. Sebold, Jones Day, Cleveland, Ohio, for Appellee.