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Ninth Circuit Finds Brady Violation Related to Arson Allegation
NINTH CIRCUIT FINDS BRADY VIOLATION RELATED TO ARSON ALLEGATION
In Benn v. Lambert (pdf Format) (No. 00-99014) (Feb. 26, 2002), the Ninth Circuit Court of Appeals upheld a finding that the state trial of the defendant was flawed for withholding impeachment evidence from the defendant. Defendant was convicted of murder. Some testimony was introduced to show a motive related to a claim of arson for profit. However, the prosecution withheld information that suggested that fire was electrically caused and not arson at all.
The Ninth Circuit Court of Appeals was reviewing a finding that held the failure to turn over that impeachment evidence was error. The court agreed
Noting the prosecution had failed to provide evidence that a deputy fire marshal and electrical inspector concluded the fire was accidental. The court affirmed finding the failure to turn over this material and other issues was error.
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