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Sixth Circuit “win”

By Karl R. Keys, Esq.

A Thursday “win” is noted: Today, D?Ambrosio v. Bagley, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit split over an interesting question in a capital habeas case: Where a habeas petitioner makes a Brady claim that the government suppressed or withheld mitigating evidence, when does the government ?expressly waive? its defense that the petitioner failed to exhaust the Brady claim in state court? In this case, a divided panel held that the government?s conspicuous failure to raise such a claim could constitute an ?express? waiver, even though the waiver was never made explicit. On this basis, the court upheld the district court?s grant of death-row inmate Joe D?Ambrosio?s habeas petition. Judge Rogers wrote the opinion of the court, joined by Judge Gibbons...continue to full post

Full post as published by Capital Defense Weekly on June 05, 2008 (boomark / email).