Monday, July 29, 2013

Aguilar v. Woodford, No. 09-55575 (7-29-13)(Fletcher with Pregerrson and Bennett, D.J.).

Even if you can't teach an old dog, new tricks, the old dog should at least be able to do the old tricks well. Here, the only issue was the identity of the shooter in a murder case. As such, the track record of mistakes, or scent record of errors, of a dog that "identified" the petitioner as having sat in a Volkswagen tied to the shooting, had to be disclosed as Brady. It was no. It was not even though the state had stipulated to the dog's mistakes in a different trial earlier. The error was not harmless as the eyewitness identification was weak, and there was evidence pointing to another.


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