Legal Opinion
D'AMBROSIO v. Bagley
Court of Appeals for the Sixth Circuit
Decided June 5, 2008No. 06-3542, 06-3712PublishedCited by 45 opinions
1Opinion of the CourtRogers, J., joined by Gibbons, J.,
BOGGS, C.J. (p. 500), delivered a separate opinion dissenting in part.
OPINION
ROGERS, Circuit Judge.
Joe D’Ambrosio was convicted of murdering Anthony Klann in 1988. After D’Ambrosio discovered evidence that the prosecution had withheld during his trial, he amended his then-pending habeas petition to add a Brady claim. The district *491court granted the writ. On appeal, the warden argues, for the first time, that D’Ambrosio failed to exhaust his Brady claim and should be required to return to state court to relitigate the claim there. Although D’Ambrosio’s Brady claim was not presented to a state…
2Cases cited21 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Kyles v. WhitleySupreme Court of the United States · 1995
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Granberry v. GreerSupreme Court of the United States · 1987
16 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Joe D'Ambrosio v. Carmen MarinoCourt of Appeals for the Sixth Circuit · 2014
- Paul Eichwedel v. Brad CurryCourt of Appeals for the Seventh Circuit · 2012
- Carvajal v. ArtusCourt of Appeals for the Second Circuit · 2011
- Woodfox v. FotiCourt of Appeals for the Fifth Circuit · 2010
- Harris v. LaflerCourt of Appeals for the Sixth Circuit · 2009
40 more not listed; retrieve them via the Exa API.