In habeas proceedings, defendant's conviction and death sentence are affirmed where: 1) the district court properly conducted an evidentiary hearing on the Brady issue and rendered a decision on the merits; and 2) the district court properly determined that, even if defendant were able to show that the evidence at issue was withheld and that it was favorable to him, the alleged Brady material does not undermine confidence in the guilty verdict.
Argued: September 22, 2009
Decided: December 16, 2009
Opinion by Circuit Judge Traxler
For Appellant: Danielle Spinelli
For Appellee: Katherine Baldwin Burnett