Monroe v. Blackburn, Warden

Justice Marshall, with whom Justice Brennan joins,

dissenting.

I would grant certiorari in this case to resolve the serious questions it raises concerning the scope of a defendant’s rights under Brady v. Maryland, 373 U. S. 83 (1963), during the period following his conviction. While lower courts here have adhered to our precedents in finding petitioner’s Brady rights to have been violated, the remedy ordered impermissibly dilutes those rights even as it recognizes them.

I

In 1980, after a previous conviction had been overturned, petitioner was brought to trial in New Orleans, once again charged…