Archive | Kyles

Friday, July 15th, 2016

Second Circuit Updates – July 15, 2016

The Record of the Psychiatric Evaluation of a Rape Complainant was Material Under Brady and State Court’s Ruling to the Contrary was Unreasonable Application of the Kyles standard.

(Full disclosure: Colleen Cassidy, today’s blogger, briefed and argued this case)

In Fuentes v. Griffin, Docket NO. 14 – 3878, the Second Circuit (KEARSE, J.), held that the state prosecutor’s suppression of the rape complainant’s psychiatric evaluation (the “Record”) violated Brady v. Maryland, 373 U.S. 83 (1963), and that the state court unreasonably applied the materiality standard of Kyles v. Whitley, 514 U.S. 419 (1995), in rejecting that claim. The state trial was a closely contested rape case with a consent defense, in which a sexual encounter on the roof of the complainant’s building was undisputed and the only issue was whether it was rape or consensual. The only witnesses to the encounter were the complainant and the defendant-petitioner …

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Categories: Brady, Kyles, sex offenses

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Categories: Brady, Kyles, sex offenses

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