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Simmons v. Beard, No. 05-9001

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By FindLaw Staff on September 11, 2009 3:43 PM

In habeas proceedings arising from defendant's capital murder conviction, district court's grant of habeas relief on the ground that the state prosecutors had withheld several pieces of material exculpatory evidence in violation of Brady is affirmed where the cumulative effect of the multiple Brady violations was to undermine confidence in the verdict. 

Read Simmons v. Beard, No. 05-9001

Appellate Information

On Appeal from the United States District Court for the Western District of Pennsylvania(No. 02-cv-00161)
District Judge: Honorable Sean J. McLaughlin

Opinion Filed September 11, 2009


Before:  Scirica, Chief Judge, Fuentes and Van Antwerpen, Circuit Judges 
Opinion by: Fuentes, Circuit Judge 


Counsel for Appellant:  David J. Kaltenbaugh, Office of District Attorney Cambria County

Counsel for Appellee: Matthew C. Lawry and Robert B. Dunham, Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit

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