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Tag Archives: Brady violation

Criminal Law: Habeas Relief-Brady Violation

Where a defendant’s convictions including first-degree assault were vacated when the habeas court granted relief based on an undisclosed and exculpatory fingerprint, and the state then filed a petition for a writ of certiorari, the  habeas court did not abuse ...

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Criminal Law: Carjacking-Within-Guidelines Sentence-Brady Violation

Defendant appealed from his conviction for carjacking, arguing that the district court impermissibly double-counted the same criminal conduct in calculating his sentence, that his overall sentence was substantively unreasonable and that the government committed a Brady violation by failing to ...

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Criminal Law: Post-Conviction Relief – Prosecutor’s Nondisclosure – Brady Rule

Duley v. State (MLW No. 59905/Case No. WD69962 – 14 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where the state in a second-degree murder case failed to disclose a police investigative report that included exculpatory evidence, the evidence ...

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