Legal Opinion

Leroy Boone v. E. L. Paderick, Superintendent of the Virginia State Penitentiary

Court of Appeals for the Fourth Circuit

Decided September 13, 1976No. 76-1090PublishedCited by 93 opinions

1Opinion of the Court

CRAVEN, Circuit Judge:

Imprisoned for life plus 20 years for armed robbery and statutory burglary, Boone unsuccessfully petitioned the district court for a writ of habeas corpus. We reverse and hold that the writ should issue because the prosecutor concealed an offer of favorable treatment to Boone’s principal accuser. Had the jury known of the prosecution witness’ compelling motivation to establish Boone’s guilt, there is a reasonable likelihood its verdict might have been different. Under such circumstances there is a denial of due process under Giglio v. United States, 405 U.S. 150, 92…

2Cases cited8 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Giglio v. United StatesSupreme Court of the United States · 1972
  3. United States v. AgursSupreme Court of the United States · 1976
  4. Mooney v. HolohanSupreme Court of the United States · 1935
  5. United States v. Carlton E. Bryant, United States of America v. William E. TurnerCourt of Appeals for the D.C. Circuit · 1971

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3Cited by93 opinions

  1. Owens v. Baltimore City State's Attorneys OfficeCourt of Appeals for the Fourth Circuit · 2014
  2. United States v. WinterCourt of Appeals for the First Circuit · 1981
  3. State v. SpurlockCourt of Criminal Appeals of Tennessee · 1993
  4. Monroe v. AngeloneCourt of Appeals for the Fourth Circuit · 2003
  5. United States v. Newton Wilkerson Anderson, Jr.Court of Appeals for the Fifth Circuit · 1978

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