Michael Bies v. Ed Sheldon

OPINION

CLAY, Circuit Judge.

Petitioner Michael Bies (“Bies”) and respondent Warden (referred to in this opinion as “the State”) cross-appeal the district court’s order granting conditionally in part and denying in part Bies’ petition for a-writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons that fob low, we AFFIRM the district court’s grant of a conditional writ of habeas corpus on Bies’ claim under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).

OVERVIEW

Despite the complete absence of physical evidence and Bies’ repeated proclamations of innocence, Bies…