United States Seventh Circuit

District court's denial of defendant's petition for habeas relief is reversed and remanded where: 1) the Court of Appeals of Indiana unreasonably applied federal law when it determined that prior statements of identification by witnesses the government suppressed did not create a reasonable probability of a different result in defendant's trial; and 2) because the Brady error alone denied defendant a fair trial, the question of whether he also was denied the effective assistance of counsel need not be reached.

Appellate Information

• Argued 12/11/2009
• Decided 05/03/2010
• Published 05/03/2010

Judges

• BAUER, Circuit Judge., Before BAUER, RIPPLE and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Andrew Caridas, Skadden, Arps, Slate, Meagher & Flom LLP, Chicago, IL, for Petitioner-Appellant.


• For Appellees:
  
• Steve Carter, James B. Martin, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee.