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Arnold: Granting Habeas Relief based on Brady violation

By Tim Cone

In Arnold v. Sec. Dep?t of Corrections, No. 09-11911 (Feb. 8, 2010), the Court adopted the opinion of the district court in the Middle District of Florida granting habeas relief to a Florida inmate who alleged a Brady violation based on undisclosed criminal activity by the police officer who was a primary investigator in his own case.The district court opinion found no procedural default: it recognized that Arnold?s federal petition ?slightly expanded? upon his post-conviction state claims, but the two were ?the same Brady claim.?The opinion rejected the State?s argument that, since the prosecution itself was, like Arnold, unaware of the police officer?s corrupt activities, it could not deemed to have ?suppressed? this evidence. The opinion noted that the police officer was part of the ?prosecution team,? and therefore his own concealment of his activities sufficed for purposes of establishing a Brady violation...continue to full post

Full post as published by Defense Newsletter Blog on February 09, 2010 (boomark / email).