Saturday, July 4, 2009

Brady claims confirmed in 11 circuit in Derrick Smith

Juan Melendez exonerated in Florida

From the 11 circuit court opinion in Derrick Smith

FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JUNE 30, 2009 No. 07-14173 THOMAS K. KAHN CLERK D. C. Docket No. 06-01330-CV-EAK-MAP DERRICK TYRONE SMITH, Petitioner-Appellant, versus SECRETARY, DEPARTMENT OF CORRECTIONS, ATTORNEY GENERAL OF THE STATE OF FLORIDA, Respondents-Appellees. Appeal from the United States District Court for the Middle District of Florida (June 30, 2009) Before DUBINA, Chief Judge, CARNES and HULL, Circuit Judges. CARNES, Circuit Judge:

Conclusion :

In conclusion, the district court’s judgment denying the habeas petition is AFFIRMED except as it concerns six Brady claims. Those six Brady claims are the ones enumerated supra at 49 and discussed in Part V. B., supra. As to those six Brady claims the district court’s judgment is VACATED and the case is REMANDED for the limited purpose of having the district court conduct for those six claims a cumulative prejudice analysis as required by the Kyles decision, 514 U.S. at 434, 115 S. Ct. at 1566, and as directed by this opinion. Depending on the outcome of that analysis, the district court should then enter a new judgment either granting or denying the habeas petition. AFFIRMED IN PART, VACATED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.

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