Legal Opinion

Wesley Sellers v. W. J. Estelle, Etc.

Court of Appeals for the Fifth Circuit

Decided July 27, 1981No. 80-1037PublishedCited by 37 opinions

1Opinion of the Court

TATE, Circuit Judge:

Petitioner Wesley Sellers, a Texas state prisoner, appeals from a district court judgment 1 in which his application for writ of habeas corpus was denied. Sellers alleges that certain evidence (police offense reports) favorable to him was withheld by the prosecution during his state court trial for murder which could have had an effect on his conviction and/or sentence. We agree with the petitioner Sellers that if he did not have the opportunity to review the allegedly withheld (but favorable) police offense reports, it constituted a violation of his due process rights.…

2Cases cited7 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. United States v. AgursSupreme Court of the United States · 1976
  3. United States v. Samuel Robert Sink and John Edward Grim, Jr.Court of Appeals for the Fifth Circuit · 1978
  4. Warren Garrison v. Ross Maggio, Jr., Acting WardenCourt of Appeals for the Fifth Circuit · 1976
  5. Victor Manuel Martinez v. Louie L. Wainwright, Etc.Court of Appeals for the Fifth Circuit · 1980

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3Cited by37 opinions

  1. Bradley v. StateCourt of Criminal Appeals of Alabama · 1985
  2. David Wayne Spence v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1996
  3. Ex Parte BradleySupreme Court of Alabama · 1986
  4. David Jarrell v. Charles Balkcom, WardenCourt of Appeals for the Eleventh Circuit · 1984
  5. Miles, Ex Parte Richard Ray Jr.Court of Criminal Appeals of Texas · 2012

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