United States Ninth Circuit

A Brady violation occurred where the state prosecutor failed to disclose therapy reports concerning a sexual abuse victim's mental capacity, as reports were exculpatory in nature and would have affected the trial in a way that would undermine confidence in the jury verdict.

Appellate Information

• Argued 02/05/2003
• Decided 08/13/2003
• Published 08/13/2003

Judges

• McKEOWN, Circuit Judge., Before: KLEINFELD, McKEOWN, Circuit Judges, and BREYER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Anthony D. Bornstein, Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant.


• For Appellees:
  
• Hardy Myers, Attorney General;  Mary H. Williams, Solicitor General;  and Steven R. Powers, Assistant Attorney General, Salem, OR, for the respondent-appellee.