Kennell v. Dormire

The Eighth Circuit affirmed the denial of petitioner's 28 U.S.C. 2254 petition and motion to reconsider. The court rejected petitioner's Brady claims, holding that there was no agreement that a witness and the state entered into that the government could have failed to disclose; assuming the state's decision to make relocation payments to a witness was Brady information, its nondisclosure did not undermine confidence in the verdict; petitioner defaulted any claims that he may have had concerning the witness's testimony regarding a gun used in the crime; and because petitioner failed to show that the district court clearly erred in finding that no "non-prosecution" agreement existed, the state did not suppress any information in violation of Brady. The court also rejected petitioner's argument that the district court failed to consider the cumulative effect of the suppression of Brady materials. View "Kennell v. Dormire" on Justia Law