Seventh Circuit Holds That Wisconsin State Court Finding That Suppressed Brady Evidence Wasn’t Material Not Against Clearly Established Federal Law

The Seventh Circuit Court of Appeals, in reviewing a murder conviction on federal habeas under AEDPA holds that it was clearly established that 1. a taped interview with a co-defendant that flipped that was not turned over was Brady material since it contained impeachment material and 2. even if the fact that the interview was not turned over was inadvertent it was suppressed from the defense; but 3. it was not clearly established that the failure to turn over the interview was material based on the totality of the record.

The case is Socha v. Richardson.

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2017/D11-03/C:16-2540:J:Wood:aut:T:fnOp:N:2056972:S:0

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