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Brady Violation

By: Derek Hawkins//October 31, 2017//

Brady Violation

By: Derek Hawkins//October 31, 2017//

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7th Circuit Court of Appeals

Case Name: Arthur J. Bryant v. Richard Brown

Case No.: 15-3144

Officials: POSNER,* EASTERBROOK, and SYKES, Circuit Judges.

Focus: Brady Violation

On state postconviction review, Bryant raised a claim of ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984). He identified five errors, including his counsel’s failure to preserve the surreptitious recording issue and several other alleged missteps at trial. In a separate claim, he raised a Brady violation stemming from a falsehood in a police report. Finally, in a catch-all argument, he claimed a right to relief based on cumulative error.

The trial judge was not persuaded by these arguments. Neither was the Indiana Court of Appeals. Bryant then sought federal habeas relief under 28 U.S.C. § 2254, reiterating the same claims. The district court denied relief, and we affirm the judgment. The state appellate court reasonably applied Strickland and Brady.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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