· 9/8/2005
Anton E. Barker v. Gary Fleming
Citations
- 423 F.3d 1085
- 2005 U.S. App. LEXIS 19372
- 5 Cal. Daily Op. Serv. 8151
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a seven-page order from the Washington Supreme Court denying review of a PRP was the last reasoned state court decision
- holding that when “the last reasoned decision adopted or substantially incorporated the reasoning from a previous decision,” it is “reasonable for the reviewing court to look at both decisions to fully ascertain the reasoning of the last decision”
- holding that suppressed convictions were cumulative impeachment evidence in light of other evidence showing that the witness had a “penchant for lying,” had been in and out of jail several times, and had made a deal with the state on three other crimes
- explaining the “Supreme Court’s requirement that the materiality of the withheld evidence be analyzed cumulatively ... not item by item” (citing Kyles, 514 U.S. at 436,115 S.Ct. 1555)
- finding no materiality where undisclosed impeachment evidence 26 “was not the glue holding together the prosecution’s case” and “heaped-on impeachment 27 evidence” would not have altered the witness’s “already shattered credibility”
- finding a decision contrary to federal law when “[d]espite the clarity of the Supreme Court’s directive that a materiality analysis include an assessment of the cumulative effect of undisclosed evidence, the Washington Supreme Court did not conduct such an analysis”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hug, Thompson, McKeown
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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