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Montgomery v. Bagley, No. 07-3882

In a death penalty case, district court's new trial order granting defendant's petition for habeas relief based on a finding that the state violated Brady is affirmed where: 1) a withheld pretrial report was exculpatory and should have been disclosed at trial; 2) it was material because, if true, it would likely change the outcome of the trial; and 3) the ultimate determination concerning the truth of the withheld report is for the state courts to resolve.  District court's denial of the Rule 59(e) motion to alter or amend is affirmed and the remaining issues raised in petitioner's cross-appeal are pretermitted.

Read Montgomery v. Bagley, No. 07-3882

Appellate Information

Argued: June 17, 2009

Decided and Filed: September 29, 2009


Opinion by Chief Judge Merritt


For Appellant:  Stephen E. Maher, Officer of the Ohio Attorney General

For Appellee:  Richard Marvin Kerger, Kerger & Hartman, LLC