District court's grant of conditional habeas relief to a defendant convicted of first degree murder is affirmed as withholding impeachment evidence regarding a witness's status as a confidential informer was material under Brady because there was a reasonable probability that disclosure of the evidence would have resulted in a different outcome for the proceeding.
Argued: October 8, 2009
Decided and Filed: January 28, 2010
Opinion by Circuit Judge Clay
For Appellant: John H. Bledsoe, Office of the Attorney General
For Appellee: Henry A. Martin, Federal Public Defender's Office