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Brady Violation

By: Derek Hawkins//November 7, 2017//

Brady Violation

By: Derek Hawkins//November 7, 2017//

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7th Circuit Court of Appeals

Case Name: Thomas R. Socha v. Reed A. Richardson

Case No.: 16-2540

Officials: WOOD, Chief Judge, and ROVNER and SYKES, Circuit Judges.

Focus: Brady Violation

Socha would like us to find that the state prosecutor in his case violated the obligation recognized in Brady v. Maryland, 373 U.S. 83 (1963), to disclose potentially exculpatory evidence to him. But even though the prosecutor indeed withheld potentially impeaching evidence from Socha, the state courts concluded that there was no reasonable probability that this evidence would have changed the verdict. Because this conclusion was not so outlandish as to be unreasonable, we must affirm the decision of the district court refusing to issue the writ. See 28 U.S.C. § 2254(d).

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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