United States Ninth Circuit

The district court's denial of a habeas corpus petition challenging a murder conviction based on a violation of Brady v. Maryland, 373 U.S. 83 (1963), is reversed and remanded, where: 1) the prosecution violated Brady by suppressing material impeachment information about its witness; and 2) petitioner was prejudiced because the witness' statements were critical to the conviction, because the witness was the only person to testify that petitioner brought a weapon to the scene, thus differentiating him from just a member of a crowd of onlookers after the shooting.

Appellate Information

• Decided 10/30/2013
• Published 10/30/2013

Judges

• HELLERSTEIN

Court

• United States Ninth Circuit

Counsel