Wednesday, September 20, 2017

Browning v. Baker, No. 15-99002 (9-20-17)(Gould w/Wardlaw; dissent by Callahan).  The 9th gave habeas relief in this Nevada capital matter. The 9th found that in a prosecution for a robbery and murder in a Las Vegas jewelry store, the prosecution committed Brady violations.  The expectation of favorable treatment by a witness for his testimony, an observation of a shoeprint by an officer, and the victim's description of his assailant's hairstyle all were favorable to the petitioner.  The evidence should have been turned over.  The evidence was material.  As for AEDPA deference, the 9th finds that the Nevada Supreme Court's use of the Supremes precedent was objectively unreasonable. The 9th also granted relief for IAC as to representation.  There was no Napue violation (awareness of evidence). The petitioner's escape conviction was upheld; there was no error presented.  Dissenting, Callahan argues that AEDPA deference should control.

The decision is here:


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