· 4/28/1999
Algie Crivens v. Thomas P. Roth, Warden, Dixon Correctional Center
Citations
- 172 F.3d 991
- 1999 U.S. App. LEXIS 8358
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the government had suppressed information within the meaning of Brady precisely because “the state in this case had the information at its disposal”
- stating that procedural default of Brady claim is excusable when the petitioner was unable to pre- sent the claim to the state courts “because of the state’s mis- conduct”
- finding that habeas petitioner had not procedurally defaulted Brady claim notwithstanding his failure to raise that claim in state court, given that State had not disclosed information which formed basis for claim until after he had filed his federal habeas petition
- finding that habeas petitioner had not procedurally defaulted Brady claim notwithstanding his failure to raise that claim in state court, given that State had not disclosed information which formed basis for claim until after he had filed his federal habeas petition
- finding that habeas petitioner had not procedurally defaulted Brady claim notwithstanding his failure to raise that claim in state court, given that State had not disclosed information which formed basis for claim until after he had filed his federal habeas petition
- grounding its finding that evidence was withheld in part on the state’s concession that Brady required disclosure
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Easterbrook, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.