· 8/23/1995
United States v. Eric C. Payne
Citations
- 63 F.3d 1200
- 1995 U.S. App. LEXIS 24039
- 1995 WL 500659
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that evidence is not suppressed within the meaning of Brady “if the defendant or his attorney” knew, or should have known, about the evidence
- holding that a new trial is not required where witness’s testimony was “but a fraction of the evidence” linking the defendant to the crime
- recognizing that evidence is not suppressed within the meaning of Brady \if the defendant or his attorney \ knew, or should have known, about the evidence
- noting that Brady does not demand a new trial when the testimony of an impeached witness is corroborated by other evidence
- explaining that the prosecution “has an affirmative duty to disclose favorable evidence known to it, even if no specific disclosure request is made by the defense”
- noting that affidavit may be material where it \add[s] concrete evidence\ to support impeachment
Source: CourtListener parenthetical corpus (CC0).
Judges: Van Graafeiland, Kearse, Calabresi
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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