01-1742 Collier v. Davis

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“Merrill admits that he was not explicitly told that he would receive leniency based upon his testimony, regardless of its content. This admission is also consistent with the uncontroverted evidence that Merrill attempted to avoid testifying in this case. Because the State was unable to locate Merrill before trial, prosecutors sought and received a continuance. Merrill eventually appeared at the eleventh hour after his arrest on an outstanding probation violation. This behavior, while not proof of his lack of agreement or understanding, certainly does not sound like the actions of one who knew he would escape felony charges simply by taking the stand. Given our deference to the findings of the Indiana state courts, we cannot conclude that their resolution of Collier’s case was contrary to Brady because Collier has not proved that an understanding actually existed. If there was no understanding, there was no impeachment evidence to disclose.”

Affirmed.

Appeal from the United States District Court for the Northern District of Indiana, Sharp, J., Williams, J.