New Brady Decision from SCOTUS Today….

The United States Supreme Court decided a new Brady case today, Wetzel v. Lambert, 565 U.S. ___ (2012), which might be relevant to innocence lawyers litigating the failure of the state to disclose impeachment material.  In Lambert, SCOTUS overturned the 3rd Circuit’s grant of habeas and held that the state courts’ factual determination regarding materiality of the undisclosed materials was not unreasonable.  I believe the case is easily distinguishable from most cases that innocence lawyers might be litigating, however, because the Brady material was fairly weak and the witness it related to had been substantially impeached already at trial (thus additional impeachment material was merely cumulative).  Opinion here.

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