Montgomery v. Bagley

OPINION

MERRITT, Circuit Judge.

I. Summary

In this death penalty case, the State of Ohio, through the Respondent, Warden Margaret Bagley, appeals the District Court’s new trial order granting William T. Montgomery’s petition for a writ of habeas corpus under 28 U.S.C. § 2254, and its subsequent denial of the State’s motion to reconsider that order. See Montgomery v. Bagley, 482 F.Supp.2d 919 (N.D.Ohio 2007). The District Court issued the writ based on a finding that the State, in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), withheld an exculpatory, pretrial…