Legal Opinion
Benjamin Wai Silva v. Jill Brown, Warden
Court of Appeals for the Ninth Circuit
Decided July 26, 2005No. 04-99000PublishedCited by 66 opinions
1Opinion of the Court
BETTY B. FLETCHER, Circuit Judge:
The State of California charged and tried Benjamin Wai Silva for two brutal homicides, along with kidnaping, robbery, and gun offenses, but did not disclose to the defense that the plea agreement that secured the testimony of the prosecution’s star witness, Norman Thomas, required Thomas not to undergo a psychiatric evaluation before testifying. As a result, the jury never learned of the considerable question as to Thomas’s competence to testify or of the secret deal the Lassen County District Attorney made to ensure that question remained unanswered until…
2Cases cited18 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- United States v. AgursSupreme Court of the United States · 1976
- Arizona v. FulminanteSupreme Court of the United States · 1991
- Kyles v. WhitleySupreme Court of the United States · 1995
- Napue v. IllinoisSupreme Court of the United States · 1959
13 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Anton E. Barker v. Gary FlemingCourt of Appeals for the Ninth Circuit · 2005
- Richard Adams Hovey v. Robert L. Ayers, Jr., Acting Warden, California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2006
- Earp v. OrnoskiCourt of Appeals for the Ninth Circuit · 2005
- Aaron Reynoso v. George J. Giurbino, WardenCourt of Appeals for the Ninth Circuit · 2006
- Breakiron v. HornCourt of Appeals for the Third Circuit · 2011
61 more not listed; retrieve them via the Exa API.