Legal Opinion
Michael Jon Bailey v. Diane Rae, Oregon State Board of Parole and Post Prison Supervision, Chairperson
Court of Appeals for the Ninth Circuit
Decided August 13, 2003No. 02-35144PublishedCited by 42 opinions
1Opinion of the Court
McKEOWN, Circuit Judge.
This petition for writ of habeas corpus presents the question whether a state prosecutor’s failure to disclose therapy reports concerning a victim’s mental capacity constitutes a due process violation under. Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). The state criminal convictions at issue, for sexual abuse and sexual penetration, require that the victim be incapable of consent due to a mental defect. Because the reports in question are exculpatory in nature and would have affected the trial in such a way as to undermine our confidence in the…
2Cases cited21 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. BagleySupreme Court of the United States · 1985
- United States v. AgursSupreme Court of the United States · 1976
- Kyles v. WhitleySupreme Court of the United States · 1995
- Lockyer v. AndradeSupreme Court of the United States · 2003
16 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Anton E. Barker v. Gary FlemingCourt of Appeals for the Ninth Circuit · 2005
- Toliver v. McCaughtryCourt of Appeals for the Seventh Circuit · 2008
- McGahee v. Alabama Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2009
- Earl Cannedy, Jr. v. Darrel AdamsCourt of Appeals for the Ninth Circuit · 2013
- United States v. PriceCourt of Appeals for the Ninth Circuit · 2009
37 more not listed; retrieve them via the Exa API.