Legal Opinion
Gene Curtis Ballinger v. Dareld Kerby, Warden
Court of Appeals for the Tenth Circuit
Decided August 26, 1993No. 91-2230PublishedCited by 59 opinions
1Opinion of the Court
LOGAN, Circuit Judge.
Respondent Warden Dareld Kerby appeals the district court’s grant of a writ of habeas corpus upon the application of petitioner Gene C. Ballinger. The grant was based on the court’s determination that certain exculpatory photographic evidence was not disclosed to petitioner during his trial, thereby violating his due process rights under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and its progeny.
I
On July 22, 1980, the partially decomposed body of Warren Uecker was discovered lying beneath a loose covering of leaves and pine needles on the Pine…
2Cases cited12 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Coleman v. ThompsonSupreme Court of the United States · 1991
- United States v. BagleySupreme Court of the United States · 1985
- Murray v. CarrierSupreme Court of the United States · 1986
- McCleskey v. ZantSupreme Court of the United States · 1991
7 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Robert A. Brecheen v. Dan Reynolds, Warden of the Oklahoma State PenitentiaryCourt of Appeals for the Tenth Circuit · 1994
- William Smith v. Secretary of New Mexico Department of Corrections Derald Kerby, Warden, Central New Mexico Correctional FacilityCourt of Appeals for the Tenth Circuit · 1995
- Anthony Rozelle Banks v. Dan M. Reynolds, Warden, Oklahoma State Penitentiary, McAlester Oklahoma Susan B. Loving, Attorney General of OklahomaCourt of Appeals for the Tenth Circuit · 1995
- O.C. Chick Fero v. Dareld KerbyCourt of Appeals for the Tenth Circuit · 1994
- Feldon Jackson, Jr. v. John ShanksCourt of Appeals for the Tenth Circuit · 1998
54 more not listed; retrieve them via the Exa API.