United States Seventh Circuit

In a prosecution for witness intimidation and possessing a firearm in furtherance of that offense, a denial of defendant's request for a new trial is vacated and remanded for an evidentiary hearing where: 1) under Brady, the government was required to disclose evidence materially favorable to the accused; and 2) defendant never had a sufficient opportunity to make a showing of whether certain evidence at issue was material by demonstrating reasonable probability that had the evidence been disclosed to the defense, the result of the proceeding would have been different.

Appellate Information

• Argued 01/14/2009
• Decided 08/25/2009
• Published 08/25/2009

Judges

• TINDER, Circuit Judge., Before CUDAHY, KANNE, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Michelle L. Jacobs, Gail Joy Hoffman (argued), Jonathan H. Koenig, Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee., Kathleen M. Quinn (argued), The Bernhoft Law Firm, Milwaukee, WI, for Defendant-Appellant.