Legal Opinion

United States v. Gould

District Court, D. New Mexico

Decided January 2, 2008No. CR 03-2274 JBPublished

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant Gould’s Motion for New Trial, filed April 10, 2007 (Doc. 345). The Court held a hearing on the motion on October 12, 2007. The primary issue is whether the Court should grant a new trial because the United States committed a Brady violation by not producing the victim’s psychiatric evaluation to Defendant John Gould. Because the United States represents that it produced Tampico Ver-din-Rendon’s psychiatric evaluation to John Gould, and because the evaluation weighs against…

2Cases cited23 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Giglio v. United StatesSupreme Court of the United States · 1972
  3. Kyles v. WhitleySupreme Court of the United States · 1995
  4. 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
  5. United States v. Claude Leander RileyCourt of Appeals for the Eighth Circuit · 1981

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