Wednesday, April 25, 2007

Brady violation

Trammell v. McKune, No. 06-3316

In a criminal case in which habeas petitioner was accused of stealing a service station tow truck and using it to steal another vehicle, his petition for habeas corpus is granted and his convictions vacated where the prosecution's failure to disclose physical evidence linking another individual to the tow truck theft, when it knew petitioner's defense was that the other man committed the theft, constituted a violation of petitioner's due process rights under Brady

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